Glenn P. Hendrix

Chairman

Fax: 404.873.8693
Atlanta
171 17th Street NW
Suite 2100
Atlanta, Georgia 30363

Biography

Glenn represents clients in business disputes, administrative proceedings, and government investigations. The Chambers guide cites peer and client feedback in describing Glenn as “a hugely respected litigator” and notes that he has “an impressive track record in complex cross-border business disputes and federal False Claims Act litigation.” Prior editions of Chambers have described Glenn as “a thorough business adviser able to break down complex legal matters for non-lawyers” and note that “clients particularly value his ‘conscientious, responsive and down-to-earth approach’ to matters.”

Much of Glenn’s work involves representing healthcare companies in reimbursement disputes with government and private third-party payors and in federal and state investigations and False Claims Act cases. He uses creative strategies to obtain the best possible outcome for the client, using a proactive “on-offense” approach whenever possible. In a related area of practice, he has extensive experience conducting internal investigations for both public and private companies.

From the very beginning of his career, Glenn has also handled a range of cross-border business disputes, including international arbitration proceedings and litigation ancillary to such proceedings, such as actions for emergency relief, proceedings to enforce arbitral agreements and awards (including against foreign sovereigns), and petitions for evidence under 28 U.S.C. § 1782.

Glenn often sits as an arbitrator. The Global Arbitration Review cites peer feedback in describing Glenn as “a well-respected figure in the arbitration space with extensive expertise handling healthcare and logistics disputes.” He is a Fellow of the Chartered Institute of Arbitrators.

Reflecting the high level of his practice in a range of disputes, Glenn is recognized by Best Lawyers in America in the fields of healthcare, commercial litigation, and international arbitration. Best Lawyers also named Glenn “Health Lawyer of the Year” for Georgia in 2015, an honor based on peer feedback. He is a former chair of the American Bar Association’s Section of International Law. He also served for many years as the ABA’s representative to the U.S. State Department’s Advisory Committee on International Law, which brings together leading international law professors, practitioners and policymakers to provide advice to the State Department on significant international law issues. He is the Founding President of the Atlanta International Arbitration Society (AtlAS). Glenn has served on the Executive Committee of the American Society of International Law and on the Legal Committee of the American Health Care Association.

Glenn is AGG’s chairman and a member of the firm’s Executive Committee.

Experience

  • Successfully defended public and private companies in actions under the federal False Claims Act, including over a half dozen declined interventions by the Department of Justice in the past two years.

  • Represented the entire spectrum of healthcare providers – including hospitals, nursing homes, home health agencies, hospices and physicians – in numerous Medicare and Medicaid reimbursement disputes with, in the aggregate, several hundreds of millions of dollars at issue.

  • Obtained a precedent-setting ruling that low Medicaid payment rates to healthcare providers may constitute an unconstitutional taking of property.

  • Represented a coalition of national trade associations in securing the withdrawal of a proposed Medicare reimbursement rule.

  • Secured the recovery in Russia of funds lost by a financial services company due to a multi-million dollar hacking scheme. The matter required the coordination of parallel criminal and civil proceedings in Russia.

  • Secured an injunction invalidating a federal Medicare reimbursement rule and as a result effectively halted a fraud investigation and the threat of a False Claims Act action against a national healthcare chain.

  • Obtained an interim award on behalf of a Chinese company from an emergency arbitrator appointed under Article 37 of the International Centre for Dispute Resolution (ICDR) Rules. The award enjoined the disposition of property by the respondent and effectively terminated the case.

  • Represented a global logistics company in connection with a petition for discovery under 28 U.S.C. § 1782 in aid of arbitration proceedings seated in Ecuador.

  • Represented an insurer in a coverage dispute arising from the turnkey sale of an oil refinery to a Chinese enterprise. The award not only upheld the coverage denial, but also included attorneys’ fees.

  • Favorably resolved a high-profile federal False Claims Act case brought by the Department of Justice alleging that two national nursing home chains and their principals conspired to solicit a $50 million kickback from a large national pharmaceutical supply company in exchange for continuing to provide pharmacy services to the homes.

  • Obtained a ruling from the Georgia Supreme Court establishing a provider-friendly standard of review in Medicaid reimbursement disputes. In lieu of an administrative law standard whereby deference is given to the agency’s interpretation, the Court held that such disputes are governed by contract principles, with ambiguities in reimbursement manuals being construed against the agency.

  • Represented a Russian company in proceedings under the New York Convention in Seattle, Washington to obtain the recognition and enforcement of an arbitration award rendered by the Moscow-based International Commercial Arbitration Court (MKAS). AGG also collected the resulting judgment, notwithstanding a bankruptcy filing by the respondent that was prompted by the enforcement order.

Credentials

  • Emory University School of Law, Juris Doctor — 1985,

    with Distinction

    • Order of the Coif
  • New College of Florida, Bachelor of Arts — 1982
  • State of Georgia 1985
  • United States Supreme Court 1990
  • United States Court of Appeals for the Eleventh Circuit
  • United States Court of Appeals for the Seventh Circuit
  • United States District Court for the Northern District of Georgia
  • Select Bar Activities – American Bar Association 

    • Chair, ABA Central European and Eurasian Law Initiative (CEELI) Council, 2017 – present (prior service as CEELI Council member, 2014 – 17)
    • Board Member, ABA Rule of Law Initiative (ROLI), 2009 – 10, 2017 – present
    • Delegate, ABA House of Delegates, 2012 – 2018
    • Chair, ABA Working Group on the Implementation of the Hague Convention on Choice of Court Agreements, 2013 – 16 (the Working Group’s report is published at Memorandum of the American Bar Association Section of International Law Working Group on the Implementation of the Hague Convention on Choice of Court Agreements, 49 The International Lawyer, 255-272 (2016))
    • Chair, ABA Task Force on International Trade in Legal Services (n/k/a the Standing Committee on International Trade in Legal Services), 2010 – 2012
    • Chair, ABA Section of International Law, 2009 – 10
    • Council Member, ABA Section of International Law, 2006 – present
    • Chair, ABA Annual Conference on the Resolution of CIS-Related Business Disputes (the “ABA Moscow conference”), 2009 – present
    • Chair, International Litigation Committee, ABA Section of International Law, 2002 – 05
    • State Chair, Fellows of the American Bar Foundation, 2016 – present

     

    Select Bar Activities – Other Organizations

    • Executive Committee Member, American Society of International Law (ASIL), 2013 – 2016
    • Founding President, Atlanta International Arbitration Society (AtlAS), 2010 – 2015
    • Executive Committee Member, Georgia State Bar – International Law Section, 2004 – 07, 2015 – present
    • Advisory Council Member, Atlanta Center for International Arbitration and Mediation (ACIAM), 2015 – present
    • Member, International Bar Association (IBA) – International Litigation and Dispute Resolution Committees, 2000 – present

     

    Select Civic Activities

    • Board of Councilors, The Carter Center, 2014 – present
    • Board of Directors, Central Atlanta Progress, 2008 – present
    • Board of Directors, The New College Foundation, 2019 – present
    • Board of Directors, Metro Atlanta Chamber of Commerce, 2008 – present
    • Board of Visitors, Georgia State University College of Law, 2016 – present
    • President, Murphey Candler Little League Baseball, 2000 – 2002 (Board Member, 1997 – 2005)
    • Graduate, Leadership Atlanta, 2012

     

    Select Private International Law Advisory Activities

    • ABA representative to the U.S. State Department’s Advisory Committee on International Law, a select group of 20 leading international law professors, practitioners and policymakers who provide advice to the State Department Office of Legal Adviser on significant international law issues, 2010 – 2018
    • S. State Department Working Group on the Recognition and Enforcement of Foreign Judgments (a group of seven private practitioners and academics selected by the State Department’s Office of the Assistant Legal Adviser for Private International Law (L/PIL) to advise L/PIL in connection with negotiations at The Hague regarding a multilateral convention on the recognition and enforcement of foreign judgments), 2012 – 2016
    • Private sector advisor to U.S. State Department delegations to The Hague Conference on Private International Law (2003 Special Commission on the Practical Operation of the Hague Evidence and Service Conventions) and Moscow (bilateral discussions in 2004 concerning implementation of the Hague Evidence and Service Conventions)
    • Member, Joint Editorial Board for International Law of the Uniform Law Commission, (formerly the National Conference of Commissioners on Uniform State Laws), 2009–12
    • Field work on various legal reform projects, including a World Bank program to relieve congestion in the Pakistani courts (discussed in Bringing Mediation to Pakistan, ABA Journal, Oct. 1, 2011); US Department of Commerce-funded training on international arbitration in the Republic of Georgia; and a USAID-funded study on the experience of foreign litigants in Russian courts (discussed in Glenn P. Hendrix, The Experience of Foreign Litigants in Russia’s Commercial Courts, in Assessing The Value Of Law In Transition Economies (Peter Murrell, ed.: Univ. of Michigan Press 2001).

     

    Speaking Engagements

    • American Bar Association (ABA)
    • American Health Care Association (AHCA)
    • American Health Lawyers Association (AHLA)
    • Atlanta International Arbitration Society (AtlAS)
    • Bar Council of Ireland
    • Brookings Institution
    • Estudos das Sociedades de Advogados – Brazil (CESA)
    • Chartered Institute of Arbitrators (CIArb) (Dinner keynote speech at the CIArb World Congress)
    • CIS Local Counsel Forum
    • Columbia Law School
    • Council for Post-Acute Care (CPAC)
    • Eastern European Dispute Resolution Forum (EEDRF)
    • Federal Bar Association (FBA)
    • Georgia Health Care Association (GHCA)
    • Georgia Hospital Association (GHA)
    • German Bar Association (DAV)
    • Global Arbitration Review (“GAR Live”)
    • Hague Conference on Private International Law
    • Health Industry Distributors Association (HIDA)
    • Healthcare Financial Management Association (HFMA)
    • International Chamber of Commerce (ICC) International Court of Arbitration
    • International Association of Young Lawyers (AIJA)
    • International Bar Association (IBA)
    • International Law Association (ILA)
    • Japan Federation of Bar Associations (Nichibenren)
    • JURIS Leading Arbitrators Symposium
    • Karachi Bar Association
    • Law Council of Australia
    • Long-Term Care Risk Legal Forum
    • National Association of Long Term Hospitals (NALTH)
    • Ministry of Justice of the Russian Federation
    • Moscow State University for International Relations (MGIMO)
    • National Association of Rehabilitation Agencies (NARA)
    • National Association for the Support of Long-Term Care (NASL)
    • Paris Bar (Ordre des Avocats de Paris)
    • Practicing Law Institute (PLI)
    • Russian Arbitration Association (RAA)
    • Russian Union of Industrialists and Entrepreneurs (RSPP)
    • State Bar of Florida
    • Union Internationale des Avocats (UIA)
    • World Bank/International Finance Corporation (IFC)

Recognition

  • Fellow, Chartered Institute of Arbitrators
  • Georgia Super Lawyers (Healthcare, Business Litigation, International), 2004–present
  • Best Lawyers in America (leading lawyer for commercial litigation, healthcare, and international arbitration), 2009-present
  • Best Lawyers in America, Healthcare “Lawyer of the Year,” 2015
  • The International Who’s Who of Commercial Arbitration, published by the Global Arbitration Review (GAR), 2015-present
  • Chambers USA: America’s Leading Lawyers for Business, 2007–present
  • Fellow, American Bar Foundation

News & Insights

Publications

  • Commercial Arbitration Annual Review: The United States, Financier Worldwide (March 2019).
  • Third-Party Funding in the United States, 327-349, in Guideposts to Third-Party Funding in International Arbitration (Nikolaus Pitkowitz ed.: Juris Publishing 2018).
  • Memorandum of the American Bar Association Section of International Law Working Group on the Implementation of the Hague Convention on Choice of Court Agreements, 49 The International Lawyer, 255-272 (2016).
  • The Hague Convention on Choice of Court Agreements:  A Realistic Competitor to the New York Convention?  New York Dispute Resolution Lawyer, 47-51 (Spring 2017).
  • International Arbitration in the United States:  The Atlanta Option, in International Dispute Resolution Drafter’s Manual, 13-31 (ICLE 2015).
  • Twelve Rules for Obtaining Evidence from Abroad, in International Litigation Strategies and Practice, 127-160 (Barton Legum, Theodore Edelman & Ethan Berghoff eds.: American Bar Association 2014).
  • International Commercial Arbitration, Southern Style, Tennessee Bar Journal, 20-24 (Sept. 2012).
  • International Commercial Arbitration Practice in the Russian Federation, in International Commercial Arbitration Practice:  21st Century Perspectives, Chap. 12 (Horacio Grigera Naón & Paul Mason eds.: LexisNexis 2012).
  • Международная правовая помощь американских судов в российских судебных и арбитражных процессах, Вестник Высшего Арбитражного Суда Российской Федерации, C.34 (№9. 2009).
  • Will a Contract Save You in Guangdong?  Business to Business, 54 (Sept./Oct. 2008).
  • The Hague Evidence Convention: How is it Really Working? in Private Law, Private International Law, & Judicial Cooperation in the EU-US Relationship, 275-332 (Ronald Brand, ed.: Thompson-West 2005).
  • Ten Rules for Obtaining Evidence from Abroad, in International Litigation Strategies and Practice (Barton Legum ed.: American Bar Association 2005).
  • The Experience of Foreign Litigants in Russia’s Commercial Courts, in Assessing The Value Of Law In Transition Economies, 94-132 (Peter Murrell, ed.: Univ. of Michigan Press 2001).
  • Американская правовая помощь по экономическим спорам, разрешаемым судами и третейскими судами, Вестник Высшего Арбитражного Суда Российской Федерации, С.38 (№3. 1999).
  • Business Litigation and Arbitration in Russia, 31 The International Lawyer 1075 – 1104 (1997), reprinted in, Aviva Yakren, ed., Legal Guide to Doing Business in Russia & the Former Republics of the USSR (American Bar Association 2000).
  • Enforcement of Russian Arbitrazh Court Judgments, East/West Executive Guide (Feb. 1997).
  • Finland as an Alternative Arbitration Forum, Russia & Commonwealth Business Law Report (June 21, 1995).