Overview
Eric Neiman leverages more than four decades of experience as a trusted health law advisor and litigation attorney to serve the needs of health care clients.
Eric has a robust health care regulatory compliance and litigation practice, with particular experience in behavioral health, provider operations, medical staff and peer review, crisis management, regulation/enforcement, managed care, risk management, and health care market issues. He also provides support to advance clients’ legislative interests.
His health care clients include not-for-profit providers, many of which are faith-based, and for-profit providers. Eric advises provider clients on their day-to-day operational issues and projects, helping ensure that they stay compliant with state and federal regulations.
In the behavioral health space, Eric regularly counsels hospitals, health systems, and providers on their initiatives and services, and serves as outside general counsel to the behavioral services lines of major health systems.
A skilled litigator, experienced at every stage of dispute resolution, from fact investigation through trial and appeal, Eric has been the first chair in more than 100 jury trials. He also has extensive experience in bench trials, administrative hearings, commercial arbitrations, regulatory and licensing board proceedings, and investigations. Eric has represented clients in health care, business, professional liability, employment, product liability, and technology disputes.
Since 1991, Eric has served actively as a pro-tem circuit court judge.
Before joining Epstein Becker Green, Eric was the managing partner in the Portland office of a national law firm, a member of its Healthcare and Complex Business & Commercial Litigation Practices, and chair of that firm’s Healthcare Regulatory Practice and Behavioral Health Practice. He was also a member of that firm’s Crisis Management Practice and was regularly called on to assist health care and other business clients in managing responses to critical events.
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Focus Areas
Services
Industries
Experience
- Represented and advised multiple hospitals regarding long-stay and difficult-to-discharge patients, including regulatory compliance and litigation.
- Defended health care facilities in agency enforcement actions involving workplace violence, through multi-week trials.
- Advised hospitals and medical staff leadership regarding medical staff policies, peer review, and physician quality and safety issues.
- Advised hospitals, health systems, and industry organizations regarding proposed legislation affecting operations and compliance with new legislation.
- Moderated a convener session funded by the Substance Abuse and Mental Health Services Administration examining state behavioral health laws and behavioral health civil commitment laws.
- Served as lead counsel for two health systems in the 2014 case of In the Matter of Detention of DW, both in the trial court and on appeal. In the landmark decision, the Washington Supreme Court ruled that civilly committed patients have a right to meaningful psychiatric treatment as a condition of their detention.
Recognition
- The Best Lawyers in America, Litigation – Health Care (2007 to 2025), “Lawyer of the Year” in Litigation – Health Care (2023)
- The Legal 500 United States, Healthcare: Health Insurers (2024)
- Super Lawyers, Health Care and General Litigation (2007 to 2023)
Credentials
Education
- University of Oregon School of Law (J.D., 1982)
- Order of the Coif
- University of California, Santa Barbara (B.A., Order of the Coif, 1978)
Bar Admissions
- Idaho
- Oregon
- Washington State
Court Admissions
- U.S. Court of Appeals for the Ninth Circuit
- U.S. Court of Federal Claims
- U.S. District Court, District of Idaho
- U.S. District Court, District of Oregon
- U.S. District Court, Eastern District of Washington
- U.S. District Court, Western District of Washington
Professional & Community Involvement
- American Bar Association
- Health Law Section
- Section of Litigation
- American Board of Trial Advocates
- American Health Law Association
- Behavioral Health Practice Group subcommittees chair and vice-chair (2015 to 2022)
- Oregon State Bar Health Law Section, Executive Committee (2015 to 2021)
- Washington State Society of Healthcare Attorneys
Media
Events
Past Events
- Fall 2024
- Client Seminar: Defending Against Creative Theories in Behavioral Health
- Client Seminar: No Exit – Legal Solutions for Difficult to Discharge Patients
- Washington State Hospital Association Annual Meeting: Escalation: Workplace Violence in Healthcare Settings
- Oregon State Bar Health Law Section Annual Meeting: The Homeless Crisis & the Challenges Facing Oregon’s Broken Mental Health System
- Oregon State Bar Health Law Section CLE: Workplace Violence in Behavioral Health and Acute Care Settings
Insights
Insights
- BlogsStates Fill Gaps in Hospital Workplace Violence Laws—Requiring Law Enforcement Officers, Weapons Detection Screening ...9 minute read
- Firm Announcements
Epstein Becker Green Attorneys Honored for Excellence in the Legal Profession by Best Lawyers 2025
14 minute read - Firm Announcements
Epstein Becker Green Receives National Recognition and Top Rankings in the 2024 Edition of Legal 500
3 minute read - BlogsMedical Clinic’s Use of NDAs to Suppress Negative Online Reviews Violates Federal Consumer Review Fairness Act ...9 minute read
- BlogsKentucky Law to Expand Assault in the Third Degree Beyond Healthcare Providers at Hospitals to Include Clinic, Dental ...4 minute read
- BlogsWorkplace Violence Prevention, State and Federal Legislation: Will Criminalizing Assaults in Health Care Facilities ...7 minute read
- Firm Announcements
Epstein Becker Green Attorneys Recognized by 2024 Best Lawyers for Excellence in the Legal Profession
12 minute read - Media CoverageEric Neiman Featured in “People on the Move”1 minute read
- Media Coverage
Epstein Becker Green Attorney Additions in Portland, Oregon, Featured in Law360 Pulse
2 minute read - Firm AnnouncementsEpstein Becker Green Expands into Pacific Northwest with Six-Attorney Health Care Team in Portland
- Media Coverage
Epstein Becker Green’s Portland, Oregon, Office Opening Featured in Portland Business Journal
2 minute read - Publications
Up at Night: Liability for Mental Health Professionals for Failure to Warn, The Advocate (Idaho State Bar publication ...
January 2018 - Publications
Connecticut and Nevada Join States Banning Conversion Therapy, American Health Lawyers Association
- Publications
Report Examines Conditions for Mentally Ill Inmates in County Jail System, American Health Lawyers Association
- Publications
Washington Supreme Court Expands Liability of Mental Health Professionals, American Health Lawyers Association
- PublicationsPatient Safety—Identifying and Addressing Legal Issues Involved When Treating Pediatric Patients with Behavioral ...
- Publications
From Paper to Decision: Applying the Fair Hearing Plan to Reality, MedStaff News (American Health Lawyers Association ...
May 2016 - Publications
“Health Law” Chapter, 2015 Oregon Legislation Highlights
October 2015 - Publications
More Liability for Mental Health Professionals?” USLAW Magazine
Spring/Summer 2015 - PublicationsPsychiatric Patients in the Acute Care Setting: Legal Issues
- Publications
“Invasion of Privacy” Chapter, Oregon State Bar Torts Deskbook
2012 - PublicationsOregon Health Law Manual (Editorial Board)2009-2011
- Publications
Punitive Damages Against Healthcare Providers in the Healthcare Reform Era, AAOS Now
February 2010