Chad D. Hansen
Partner

1001 West Fourth Street, Winston-Salem, NC USA 27101

4208 Six Forks Road Suite 1400, Raleigh, NC USA 27609

Overview

Chad is a member of the firm's Class Action team and he represents plaintiffs and defendants in complex commercial litigation matters in state and federal courts in North Carolina and across the United States, as well as before international and domestic arbitration panels. He has tried jury and non-jury case, including ERISA, health care, and property use matters, and has advanced and defended class actions through all stages of litigation.

Chad’s health care practice includes transactional and litigation matters representing payors, providers, intermediaries, and vendors in the industry. He has represented clients in payor-provider payment disputes, coordination of benefits disputes, credentialing, provider and vendor contracting, benefits matters, and regulatory compliance.

He has represented ERISA plans and plan sponsors, administrators, and other fiduciaries, in litigation in the employee benefits and health care contexts. Chad has litigated a variety of claims, including those for denial of benefits, breach of fiduciary duty, appropriate equitable relief, and co-fiduciary liability.

Chad also counsels clients on business torts, breaches of contract and warranty, unfair trade practices and other statutory causes of action, trade secrets, intellectual property, and defamation.

Prior to rejoining the firm, Chad was in-house counsel for Blue Cross Blue Shield of North Carolina where he managed a wide variety of legal issues, including supporting the Network Management and Provider Credentialing teams. His work included regulatory compliance, provider, intermediary, and vendor contracting, dispute avoidance and resolution, and counseling on strategic initiatives such as new product and programs development.

Chad was recognized as a North Carolina "Super Lawyer" in 2014, 2015 and 2016 and a North Carolina "Rising Star" in 2013 and the three years immediately preceding for Business Litigation by Super Lawyers magazine. He was named an Emerging Legal Leader by North Carolina Lawyers Weekly in 2011. He was also recognized as a Triad "Mover & Shaker" by Business Leader magazine in 2011 and as one of Triad Business Journal's "40 Leaders Under Forty" in 2010. Mr. Hansen is peer rated by Martindale Hubbell as AV® Preeminent™, the highest rating in ethical standards and legal ability.*

*AV®, BV®, AV Preeminent® and BV Distinguished® are registered certification marks of Reed Elsevier Properties Inc., used under in accordance with the Martindale-Hubbell certification procedures, standards and policies.

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Experience

Represented federal employees in a class action in the U.S. Court of Federal Claims and the Federal Circuit against the United States asserting breach of contract and related claims arising out of the government’s violation of the terms of a prior settlement agreement with a class of federal employees who worked in the “non-foreign” or “COLA” areas of the United States, which includes Puerto Rico, the U.S. Virgin Islands, Guam, the Northern Mariana Islands, Hawaii, and Alaska, by, among other things, eliminating COLA payments to class members.

Represented North Carolina health insurer and employer sponsor of group health plan in lawsuit brought by an employee enrollee asserting ERISA claims resulting from denial of health benefits to minor infant for cochlear implants based on application of corporate medical policy.

Represent one of largest health care insurers in North Carolina in numerous cases pending against medical providers for billing fraud, demonstrating substantial knowledge of the American Medical Association Current Procedure Terminology code system.

Represented manufacturer of parts for race cars in products liability action against steel supplier.

Represented North Carolina health insurer in Medicare primacy dispute with hospital system and employer sponsor of group health plan resulting from employer’s failure to disenroll employee at time of retirement.

Represents Blue Cross and Blue Shield of North Carolina (BCBSNC) in the North Carolina Business Court in a putative class action brought by chiropractors against BCBSNC and other health care payors alleging antitrust, unfair and deceptive trade practice, breach of fiduciary duty, and declaratory judgment claims arising out of the payors’ relationship with an intermediary managing their chiropractic provider networks. Matter is ongoing.

Represented federal employees in a class action in the U.S. District Court for the District of Puerto Rico and the First Circuit against the United States seeking to correct and obtain appropriate remedies for the discriminatory and unlawful practice of paying lower retirement annuities to federal employees who work in the “non-foreign” or “COLA” areas of the United States, which includes Puerto Rico, the U.S. Virgin Islands, Guam, the Northern Mariana Islands, Hawaii, and Alaska.

Represented Third Party Administrator (TPA) in lawsuit brought against TPA, municipal-sponsored group health plan, and municipality by an employee enrollee of the plan challenging the application of certain plan exclusions for “illegal acts” arising out of an alcohol-related auto accident.

Represented credit union property owner in lawsuit against aircraft maintenance company owning adjacent land asserting claims under the federal Comprehensive Environmental Response, Compensation and Liability Act (CERCLA), violations of the North Carolina Oil Pollution and Hazardous Substances Control Act, private nuisance, trespass, negligence, and contribution arising out of migration of environmental contamination onto client’s property.

Achieved successful jury verdict for land owner in case brought against adjacent land owner asserting claims for nuisance, trespass, riparian rights, negligence, and violation of certain environmental and dam safety statutes arising out of neighbor’s construction of an upstream dam and irrigation pond that cut off and contaminated downstream water supply.

Represents Blue Cross and Blue Shield of North Carolina in lawsuit brought by medical provider asserting ERISA and common law claims arising out of unpaid medical benefits.

Successfully represented a furniture manufacturer in a lawsuit regarding the suitability and merchantability of furniture-grade leather and the legal remedies of the parties involving allegations of breach of contract, product liability and "bad faith" upon discovery of latent defects.

Representing a North Carolina environmental and industrial resources company in an action against a facility from which it purchased soil for use as clean backfill at a site undergoing environmental remediation under the North Carolina Dry-Cleaning Solvent Cleanup Act (DSCA) Program. The soil was contaminated with petroleum, necessitating immediate removal, cleanup, and further involvement by state regulators.

Obtained successful defense verdict for national Class 8 truck manufacturer in class action involving contract, Uniform Commercial Code, and Unfair and Deceptive Trade Practices allegations.

Represented Volvo Penta of the Americas in a nationwide putative class action brought in the United States District Court for the District of South Carolina asserting claims for product liability/breach of warranty, quantum meruit/unjust enrichment, and conversion arising out of allegedly defective marine propulsion products. After more than 16 months of district court litigation, plaintiffs abandoned the class allegations asserted against firm client Volvo Penta.

Successfully defended a currency derivatives broker in class and individual actions in Texas, New York, California and Washington State alleging violation of RICO and securities laws arising out of the use of tax shelters.

Represent BCBSNC in the United States District Court for the Western District of North Carolina. Three individuals and two businesses contend, on behalf of a nationwide and a state class, that BCBSNC and its national affiliate Blue Cross and Blue Shield Association, along with 37 other BCBS entities across the country, unlawfully agreed not to compete with one another. Plaintiffs, represented by Boies Schiller, contend that those agreements, along with other anticompetitive practices, have enabled the Blues to dominate the health insurance markets in their respective states, driving up consumer health care costs and insurance premiums in the process, according to plaintiffs. This suit has been described by various commentators, if successful, as having the potential to change the entire BCBS structure. Case has been consolidated with other similar suit under MDL 2406 Order in the United States District Court for the Northern District of Alabama. Cerven et al. v. Blue Cross and Blue Shield of North Carolina et al., No. 5:12-cv-00017 (W.D.N.C. filed Feb. 7, 2012); In Re Blue Cross Blue Shield Antitrust Litigation MDL 2406 Order; No. 2:13-cv-20000-RDP (N.D. Ala.).

Served as lead counsel on behalf of E. I. du Pont de Nemours and Company against claims for misappropriation of trade secrets, unfair trade practices, fraud, breach of a non-disclosure agreement, and patent infringement related to printing solvent formula, and counter-sued for patent infringement and unfair trade practices. Obtained summary judgment in full on plaintiff's claims and an injunction in the countersuit. E.I. du Pont de Nemours and Co. v. NUPRO Technologies, Inc., No. 1:08-cv-00199 (M.D.N.C. filed Mar. 25, 2006); NuPro Techs., Inc. v. E.I. Du Pont de Nemours and Co., No. 06-1061 (M.D.N.C. filed Dec. 11, 2006).

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Education

University of North Carolina School of Law, J.D. (2004) with honors

University of Alaska, Anchorage, B.A., History (2001)

Admissions

North Carolina (2004)

Court Admissions

U.S. District Court for the Middle District of North Carolina (2005)

U.S. District Court for the Western District of North Carolina (2005)

U.S. District Court for the Eastern District of North Carolina (2005)

U.S. Court of Appeals for the Fourth Circuit (2012)

U.S. Court of Appeals for the Federal Circuit (2015)

U.S. Court of Federal Claims (2014)

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clerkship

U.S. District Court for the Middle District of North Carolina - Honorable William L. Osteen (Aug 2004-Aug 2005)

Professional & Community Activities

21st Judicial District Bar, Member

Forsyth County Bar Association, Member

North Carolina Bar Association, Litigation Section, Member; Health Law Section, Member

Federal Bar Association, Middle District of North Carolina Chapter, Member

American Health Lawyers Association, Member

Twin City Youth Soccer Association, President (2016-present), Vice President (2014-2016), Board of Directors (2013-present) Habitat for Humanity of Forsyth County, Board of Directors (2014-2016)

The Forsyth Promise, Executive Team Member (2015-2016)

Community Chair, Forsyth County/Winston-Salem Forsyth County Schools School Funding Work Group (2010-2011)

Family Promise of Forsyth County, Board of Directors (2009-2013)

Wake Forest University School of Law, Native American Law, Adjunct Professor (2008-2011)

Leadership Winston-Salem, Graduate (2008-2009)

Chief Justice Joseph Branch Inn of Court, Member (2007-2009)

North Carolina Journal of International Law & Commercial Regulation, Articles Editor (2003-2004) and Staff Member (2002-2003)

UNC Trial Law Academy, Executive Committee Member (2003-2004)

TYLA National Trial Competition, National Semi-Finalist (2003)

UNC Broun National Trial Team, Member (2002-2004)

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