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  • James R. Schwartz
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James R. Schwartz

Schwartz_James_New-Bio-Template-730-x-730

Senior Counsel

Manatt Health
Contact
  • jschwartz@manatt.com
  • Phone: 310.312.4182
  • Download vCard
  • Los Angeles
Bar Admissions
  • California
Education
  • University of California, Berkeley, Boalt Hall School of Law, J.D., 1971

    University of California, Berkeley, A.B., Political Science, 1968

Services
  • Government and Regulatory
  • Health Care Transactions
Industries
  • Manatt Health

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  • Profile
  • Honors & Awards
  • Memberships
  • Publications
Profile

Profile

Jim Schwartz's practice focuses on advising nonprofit organizations (and their officers, directors and trustees) with respect to matters relating to corporate governance, fiduciary duties and officer-director liability issues; on alliances and conversions in the health care industry, with an emphasis on regulated transactions; and on matters pertaining to charitable trust law. He has been co-chair of Manatt Health and a member of the Steering Committee of the firm's Not-for-Profit practice. He is listed in The Best Lawyers in America, Southern California Super Lawyers and Chambers USA: America's Leading Lawyers for Business.

Jim is a former Deputy Attorney General for the Office of the California Attorney General and has over 25 years of experience in charitable trust and nonprofit corporation law, involving a wide array of institutions including universities, foundations, and health systems. Jim was responsible for overseeing all conversions of nonprofit hospitals within the State of California, as well as numerous transactions involving acute care hospitals, HMOs, MSOs and other ancillary businesses with an aggregate value in excess of $2 billion. He was described by California Medicine magazine as "the state's top expert on conversions."

Jim was the author of the California Attorney General's Review Protocol for Ownership or Control Transfers of Non-Profit Health Facilities. He was the principal drafter of the California law governing nonprofit hospital sales (AB 3101, 1996), and co-drafted the National Association of Attorneys General Model Act for Health Facility Conversions (1998).

Selected Clients

  • Dignity Health
  • Regents of the University of California
  • The J. Paul Getty Trust
  • The California Endowment
  • St. Joseph Health System
Honors & Awards

Honors & Awards

Best Lawyers 2021 Nonprofit / Charities Law “Lawyer of the Year” in Los Angeles

Health Care Law “Lawyer of the Year” in Los Angeles, Best Lawyers, 2013 and 2018

Chambers USA Best Lawyers for Business, 2005–2023

The Best Lawyers in America, 2005–2024

Southern California Super Lawyers, 2004–2016

Memberships

Memberships

Admitted to practice in California, U.S. District Court for the Central, Northern, and Eastern Districts of California, and the Ninth Circuit Court of Appeals

Member, California Attorney General’s Task Force on Charity Care

Member, American Health Lawyers Association

Member, California Society for Healthcare Attorneys

Member, Legal Framework Work Group, Panel on the Nonprofit Sector, Convened by Independent Sector

Publications

Publications

Books: 
Health Care Alliances and Conversions: A Handbook for Nonprofit Trustees, October 1998; Jossey-Bass Publishers.

Monographs:
The Application of Nonprofit Corporation Law to Healthcare Organizations, February 2002, American Health Lawyers Association, Expert Series.

Articles:
“Key Nonprofit Corporate Law and Governance Developments in 2013,” Bloomberg BNA's Health Law Reporter, February 2014.

“Key Nonprofit Corporate Law Developments in 2008,” BNA’s Health Law Reporter, January 2009.

“Health Alliance and Intra-System Fiduciary Duties,” AHLA Business Law and Governance Group, November 2008.

“The Nonprofit Board’s Duties When Considering a Change of Control,” AHLA Health Lawyers News, April 2008.

“Key Nonprofit Corporate Law Developments in 2007,” BNA’s Health Law Reporter, January 2008.

“Breaking Up Isn’t Hard to Do: Health Alliance and Health System Structuring,” BNA’s Health Law Reporter, May 2007.

“Key Nonprofit Corporate Law Developments in 2006,” BNA’s Health Law Reporter, January 2007.

“2007’s Top 10 Governance Trends,” Trustee Magazine, January 2007.

“Grasso’s Message to Compensation Committees (and to CEOs),” AHLA Corporate Governance Task Force, November 2006.

“Delaware Supreme Court Affirms Disney, Continuing Vitality of Business Judgment,” AHLA Corporate Governance Task Force, August 2006.

“Key Nonprofit Corporate Law Developments in 2005,” BNA’s Health Law Reporter, January 2006.

“Disney’s Message to Healthcare Governance: Process Counts!” AHLA Sarbanes-Oxley Task Force, September 2005.

“Changing Standards in Application of Directors Fiduciary Duties of Core and Loyalty,” California Health Law News, Summer 2005.

“Advising the Nonprofit Audit Committee,” BNA’s Health Law Reporter, May 2005.

“Advising the Nonprofit Audit Committee,” BNA Corporate Accountability Report, May 2005.

“EO Director Recruitment and Retention in a Post-Sarbanes World,” The Exempt Organization Tax Review, March 2005.

“Emerging Corporate Governance Trends,” Hospitals & Health Systems, Spring 2005.

“Key Nonprofit Corporate Law Developments in 2004,” BNA’s Health Law Reporter, February 2005.

“Advising Boards on the Risks of Personal Financial Liability,” AHLA, January 2005. 

“New Duties of the Healthcare General Counsel in The Corporate Responsibility Environment,” BNA Health Law Reporter, November 11, 2004.

“Pardon Me, That’s Our Money,” HFM, October 2004.

“Using Your Web Site As an Accountability Tool,” Trustee Magazine, May 2004.

“Up the Ladder” Counsel Reporting Processes for the Nonpublic/Nonprofit Corporation, BNA Corporate Accountability Report, April 16, 2004.

“Governance Best Practices and the Office of the General Counsel,” AHLA In-House Counselor, March 2004.

“Taking the Prudent Path – Best Practices for Non-Profit Boards,” Trustee Magazine, November-December 2003.

“New Corporate Law Developments Offer Important Fiduciary Guidance,” BNA Health Law Reporter, July 24, 2003.

“Hot Developments in Non-Profit Corporation Law,” Health Lawyers News, June 2003.

“Revisiting the Duty of Care of the Nonprofit Director,” Journal of Health Law, Spring 2003.

“The Fiduciary Duties of Healthcare Directors in the ‘Zone of Insolvency’,” Journal of Health Law, Spring 2002.

“Non-Profit Health Systems: New Legal Developments Suggest Alternative Corporate Structures,” Health Law Digest, May 2002.

“No One’s Safe from ‘Enronitis’,” Modern Healthcare, April 15, 2002.

“Lessons for Healthcare from Enron,” (Litigation) AHLA, 2002.

“Must Know Legal Issues for Healthcare CFO’s,” HFMA, March 2002.

“Key Nonprofit Corporate Law Developments in 2001,” BNA Health Law Reporter, February 14, 2002.

“An Emerging Issue: Waste of Charitable Assets,” AHLA Tax & Finance, Spring 2002.

“Top Ten Policies for the Board,” Trustee Magazine, September 2001.

“Closing... Closing... Closed,” Trustee Magazine, January 2001.

“Governance - When Does the Board Need its Own Legal Counsel,” Health Forum, 2001.

“A General Counsel’s Guide to Accessing Restricted Gifts,” The Exempt Organization Tax Review, July 2000.

“The Business Judgment Rule and Other Protections for The Conduct of Not-For-Profit Directors,” Journal of Health Law, Summer 2000.

“The M & A Process & the Meaning of MEETH,” Health Law Digest, May 5, 2000.

“Top Ten Health Care Corporate Developments,” BNA Health Law Reporter, July 15, 1999.

“Deal Makers-Deal Breakers,” Hospitals and Health Networks, September 5, 1997.

“Sales and Other Transfers of Non-Profit Health Facilities,” California Health Law News, Spring 1997.

“The California Model,” Health Affairs, March/April 1997.

Jim in the News

  • 08.17.23

    82 Manatt Attorneys Named to 2024 Best Lawyers Guide

    Eighty-two Manatt attorneys have been named to the 2024 edition of Best Lawyers in America, which recognizes the nation’s leading lawyers eac...

  • 06.01.23

    Manatt Receives Top Rankings in Chambers USA 2023

    Manatt has once again been ranked among the nation’s leading law firms in Chambers’ 2023 USA Guide.

  • 08.18.22

    86 Manatt Attorneys Named to 2023 Best Lawyers Guide

    Eighty-six Manatt attorneys have been named to the 2023 edition of Best Lawyers in America, which recognizes the nation’s leading lawyers each ...

  • 06.01.22

    Manatt Receives Top Band Rankings in Chambers USA 2022

    Manatt has once again been ranked among the nation’s leading law firms in Chambers’ 2022 USA Guide. The Firm and its professionals were ...

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Jim's Articles

  • 02.06.14

    Key Nonprofit Corporate Law and Governance Developments in 2013

    For a year seemingly dominated by Affordable Care Act topics, 2013 nevertheless included a substantial number of corporate law and governance ...

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