Allyson A. Avila is an accomplished trial attorney who enjoys an enviable track record of success. Dependable, responsive and approachable, her time and talent in the courtroom make her a “go-to” attorney when there is a risk of high exposure.

Allyson maintains a diverse civil trial practice, including medical malpractice and nursing home litigation, premises liability, employment claims, contract disputes and product liability. She counsels and defends a wide spectrum of private, institutional and municipal clients, invariably garnering their loyalty and respect.

Allyson is also one of only a few attorneys in the nation that has intimate knowledge of the aesthetic industry and the nuances of medical spa formation, licensing, and compliance with state and federal laws. She envisions, constructs and executes legal and regulatory strategies that drive business results. A strong relationship and alliance builder, she understands the importance of agreement and collaboration to help ensure that workable strategies are designed in a way that most effectively addresses the unique needs of each client to meet her client’s business objectives.

Allyson and her team deliver added value to clients by regularly visiting their facilities and presenting educational and risk management programs. She is a frequent lecturer at global aesthetic conferences.

Admissions

• New York
• U.S. District Court, Eastern, Southern and Western Districts of New York

Health Care Law Counsel

Allyson has served as a trusted adviser to practitioners and other executives to help clients thrive in the complex health care environment. She works with them to develop and improve their regulatory operations in ways that align with their business objectives. Allyson works closely with physicians and entrepreneurs, establishing their new business ventures and helping to guide them through intricate legal obstacles that arise in the business formation process. She provides guidance to medical spas and other aesthetic enhancement businesses to establish their compliance with ongoing requirements imposed on the industry by local, state and federal laws.

She regularly provides legal representation to senior living facilities, physicians, nurses, physicians’ assistants, aesthetic professionals and pharmacists. Allyson defends clients in litigation surrounding breach of contract, fraud, malpractice and other allegations.  She also counsels clients on issues such as fee-splitting, professional liabilities, anti-kickback laws, professional licensure, regulatory compliance, administrative practices and product liability. She is also adept at preparing collaborative agreements between professionals as well as employment and management agreements. She counsels clients to successfully navigate compliance laws and regulations and works with them to obtain state licensure and certification.

Allyson has more than twelve years of experience working with medical practices and medical aesthetic spas from start up to expansion.
Since the regulations in the aesthetic industry vary considerably among each State, she assists clients in understanding the nuances and regulations in the State in which they are seeking to do business. Additionally, the following services are performed: 

• Create and file incorporation documents, shareholder agreements and operating agreements
• Prepare management services agreements 
• Review and negotiate contracts for the sale/purchase of a practice
• Review and negotiate contracts with vendors 
• Review and negotiate lease agreements 
• Prepare and negotiate employment and independent contractor agreements 
• Defend unemployment/termination claims 
• Defend physicians and allied health care professionals in grievance hearing
• Conduct compliance audits 
• Create standard practices and policies and OSHA guidance 
• Create state specific employee handbooks 
• Create social media policies
• Create consent forms and intake forms to ensure they are legally sufficient
• Register trademarks 
• Defend against trademark infringement claims 
• Defend general liability claims (slip and fall accidents, etc) 
• Defend malpractice claims 
• Provide guidance on general counsel matters 
• Defend claims of breach of contract for equipment finance agreements 
• Defend false claims listed on social media sites 
• Review websites for ADA and FTC compliance 
• Defend clients in landlord/tenant actions 

Commercial Contracts and Joint Ventures

Allyson is focused on delivering practical strategies to improve business arrangements through the negotiation and development of solid, results-oriented agreements. She negotiates contracts and other business documents for medical providers, employers, manufacturers and distributors, striking an optimal balance between risk and business opportunity.

General Liability & Casualty

Allyson has a varied general liability practice defending a broad range of negligence-based claims arising from construction-related accidents, alleged improper operation or maintenance of equipment and facilities, inadequate security, automobile accidents and premises liability. Her acute attention to detail and thorough case management were demonstrated when she successfully obtained a defense verdict following a five-day jury trial in the Supreme Court of the State of New York, Kings County. Click here for more details. 

Mass Torts/Toxic Torts

Allyson’s practice includes handling the defense of toxic tort claims including litigation from the 9/11 terrorist attack. Among other notable defense verdicts, she won a case on behalf of a sports club defendant in a chlorine gas exposure claim seeking $3.5 million in damages.

Representative Trial Experience

• Defense Verdict After a Four-week Jury Trial in a New York Labor Law Case 
• Defense Verdict in Two-Week Trial in Bronx County New York
• Defense verdict in favor of physician and his practice in plaintiff slip and fall
• Defense verdict in favor of orthodontist in malpractice and product liability claim filed by a post polio patient that claimed injury due to faulty prosthetic device
• Defense verdict in favor of hospital on a malpractice and false imprisonment claim.
• Defense verdict in action against nursing home for malpractice 
• Defense verdict in negligence/premises liability case
• Defense verdict in toxic tort claim against sports club.
• Defense verdict in motor vehicle accident filed against hospital and hospital’s driver
• Defense verdict in negligence/premises liability case against Nail Salon.
• Defense verdict in favor of sports club in a negligent maintenance of gym action.
• Defense verdict in favor of sports club in negligent maintenance of gym action where plaintiff claimed defect with equipment.
• Defense verdict in favor of land developer after liability had already been established under NYS Labor Law.

Publications

• Author, Guest Blog: Allyson Avila on Regulatory Changes to Products Containing Hydroquinone, Acara Partners, 2020
• Author, Legal Issues:  Restrictive Covenants, MedEsthetics Magazine, 2018
• Author, Legal Issues:  Employee Leave, MedEsthetics Magazine, 2018
• Author, Legal Issues:  Compounded Care, MedEsthetics Magazine, 2018
• Author, Practice Management:  Informed Consent for Online Content, MedEsthetics Magazine, 2017
• Author, Practice Management:  Top Compliance Concerns for Practitioners, MedEsthetics Magazine, 2017
• Author, Fee Splitting Concerns, MedEsthetics Magazine, 2016
• Author, Alternative Therapy Hazards, MedEsthetics Magazine, 2016
• Author, A Winning Relationship, MedEsthetics Magazine, 2016

Presentations

• Presenter, Ted Talk: These Times They Are A Changin’:  The Intersection of Law & Politics, GRSM Legal Education Conference, New York and Hartford, May 2018