Philip R. Fileri

Senior Counsel
  • Rochester
  • 585.231.1225
  •   •     •  

Phil Fileri provides general counsel and business planning advice to businesses, health care clients, and cooperatives. A significant portion of his practice is devoted to the needs of health care providers in the areas of physician practice, accountable care organizations, and joint ventures. He is experienced in all forms of physician business, contract, and planning matters. Phil also provides business and tax advice to a variety of businesses and agricultural cooperatives. Additionally, he serves as counsel to professional sports organizations such as AAA baseball franchises. His experience includes the following:

  • Representing physician practices in medical school spin-outs, mergers, sales to and physician service agreements with Universities and hospital systems, ACO formation and participation, and organizing professional limited liability companies, and structuring compensation arrangements.
  • Representing physician groups in establishing various labs, negotiating with third-party payers, and addressing employment, HIPAA, OPMC, OMIG and government investigation matters, as well as advising individual physicians on employment and buy-sell contracts.
  • Representing physicians and health care institutions entering into realty and equipment leases, purchasing medical office space, and electronic health record matters.
  • Representing sports entities in operations, stadium leases, abandoned property, financial offerings, and league matters.

PROFESSIONAL & CIVIC AFFILIATIONS

  • Member, American Health Lawyers Association
  • Member, National Council of Farmer Cooperatives, Legal, Tax and Accounting Section
  • Chancellor, Episcopal Diocese of Rochester
  • Director, Rochester Community Baseball Inc. a/k/a Rochester Red Wings
  • Member, Roberts Wesleyan College Executive Advisory Board
  • Former Director and Chair, Episcopal Senior Life Communities
  • Former Director and Chair, Episcopal Church Home Foundation Board
  • Former Trustee and Treasurer, Allendale Columbia School
  • Former Chair, Medical Liaison Committee, Monroe County Bar Association
  • Former Secretary, Genesee Reserve Supply, Inc.

HONORS & AWARDS

  • 2016 Board of Directors Award, The Society of Gastroenterology Nurses and Associates, Inc.
  • Named as Best Lawyers® 2016 Health Care Law “Lawyer of the Year” in Rochester
  • Selected by his peers for inclusion in The Best Lawyers in America© in the field of Health Care Law
  • Selected to the Upstate New York Super Lawyers list, 2007-2016
  • AV Preeminent® Peer Review Rated by Martindale-Hubbell
  • Commendation by the Episcopal Diocese of Rochester for services as Chancellor of the Diocese

REPRESENTATIVE EXPERIENCE

  • Represented the largest Western New York dairy cooperative in the construction of, and acquisition of, cultured-product manufacturing facilities, its consolidation with the second largest Western New York dairy cooperative, and its manufacturing and packaging agreements.
  • Advising on Episcopal Canon law, including representing the Episcopal Diocese of Rochester in its successful case before the New York Court of Appeals upholding the National Episcopal Church’s Dennis Canon, the first decision doing so in the U.S. and serving as significant national precedent.

PRESENTATIONS

  • Presenter, “The Structure of the Episcopal Diocese of Rochester,” Episcopal Diocese of Rochester Diocesan Leadership Conference, Canandaigua, NY, January 18, 2014
  • Frequent speaker, University of Rochester Medical School, the New York State Medical Society, and the Medical Group Management Association
  • Presenter, cooperative law and anti-trust Capper-Volstead law topics

PRACTICE AREAS

ADMISSIONS

  • New York
  • North Carolina
  • New York State Supreme Court
  • North Carolina courts
  • Supreme Court of the United States
  • U.S. District Court, Western District of New York
  • U.S. Tax Court

EDUCATION

  • University of Michigan, J.D., cum laude, 1977
  • Cornell University, B.A., magna cum laude with distinction in all subjects, 1974