Overview
Audrey Pumariega is an experienced litigator who has represented clients in a wide array of complex commercial litigation, with a focus on healthcare, accounting and auditing.
In the healthcare space, Audrey has represented hospital systems, health insurance companies, physicians, ambulatory surgery centers, management services organizations and other companies in individual and class action lawsuits, arbitration, investigations by federal and state government regulators, and petitions to local healthcare regulators such as the Florida Agency for Health Care Administration. She has extensive experience advising clients on issues such as payor-provider reimbursement, anti-kickback regulations, Medicare and Medicaid fraud, physician noncompete agreements, hospital privileges and exclusive medical provider agreements.
Audrey has also represented international and national accounting firms, individual accountants and financial institutions in individual and class action lawsuits, arbitration and regulatory investigations by state and federal authorities, including the Public Company Accounting Oversight Board, state licensing authorities and the American Institute of Certified Public Accountants.
Audrey honed her litigation practice at McDermott and then spent nearly two years in the Tort Liability & Medical Malpractice Section and Federal Litigation Section of the Miami-Dade County Attorney’s Office before returning to the Firm. In her role as assistant county attorney, she litigated civil matters on behalf of Miami-Dade County as both the plaintiff and defendant.
In addition to her litigation practice, Audrey is dedicated to pro bono work. Her successful results for pro bono clients include defeating a motion to place a pregnant foster teen in an inpatient psychiatric facility authorized to restrain and medically sedate patient-residents, obtaining an additional year of state benefits for a disabled young adult in an extended foster care program and favorably resolving a copyright infringement action on behalf of a nonprofit organization
Results
- Defended a major financial institution in civil actions relating to one of the largest Ponzi schemes in the United States
- Defended a putative class action seeking to block a health insurer’s reorganization and force a multibillion-dollar transfer to policyholders
- Obtained an injunction on behalf of the largest dental implant company in the world in an action against a former sales representative who solicited the company’s customers in violation of his restrictive covenant and unfair trade practices law
- Obtained dismissal of a precedent-setting lawsuit by a radiologist challenging his alleged loss of hospital privileges due to hospital’s exclusive lease of cancer center to third-party provider, and prevailed on appeal
- Defeated a motion for preliminary injunction brought by hospitalist physicians challenging their alleged loss of hospital privileges following hospital’s entrance into exclusive provider agreement with third-party hospitalist group
- Obtained declaratory judgment nullifying an overbroad portion of a physician’s noncompete agreement that interfered with patient choice
- Obtained dismissal on behalf of an international accounting firm of a lawsuit brought by the firm’s former chief executive officer
- Obtained injunction from federal court enforcing a noncompete agreement against a former Verizon Communications executive who attempted to work for a competitor
- Prosecuted and defeated dismissal of a civil trade secrets action involving complex issues of first impression under the Computer Fraud and Abuse Act, Electronic Communications Privacy Act and Stored Communications Act
- Conducted an internal investigation in Latin America involving the Foreign Corrupt Practices Act on behalf of a Fortune 500 company
Recognitions
- Super Lawyers magazine, Rising Star, 2013 to 2022
- Lawyers for Children America, John Edward Smith Child Advocacy Award
Community
- Lawyers for Children America, board member
Credentials
Education
University of Miami School of Law, JD, manga cum laude, Order of the Coif, 2010
University of Southern California, 2006
Admissions
Florida
Courts / Agencies
US Court of Appeals for the Eleventh Circuit
US District Court for the Southern District of Florida
US District Court for the Middle District of Florida
Languages
English
Spanish