Gary L. Ayers, Partner
Mr. Ayers has represented clients in state and federal lawsuits involving a wide variety of contract disputes, government investigations (Medicare, Medicaid and Department of Defense), white collar crime, trade secrets, restrictive covenants, trademark and trade dress, and the corporate practice of medicine. Mr. Ayers enjoys Martindale-Hubbell Law Directory’s highest “AV” rating for lawyers and is listed in Missouri & Kansas Super Lawyers®, Guide to The Leading U.S. Healthcare Lawyers, The Best Lawyers in America©, and Chambers USA as a leading health care and commercial litigation attorney in the United States. In 2016, he was named by Best Lawyers® the Wichita Health Care "Lawyer of the Year." His peer memberships include the Kansas Association of Hospital Attorneys and the American Association of Health Lawyers. He is also a Fellow of the Kansas Bar Foundation.
Professional Memberships, Affiliations, and Honors
Recognized by Best Lawyers® as the 2016 Wichita Health Care "Lawyer of the Year"
Selected by peers for inclusion in The Best Lawyers in America© in the areas of Bet-the-Company Litigation, Commercial Litigation, Health Care Law, and Trade Secrets Law, 2005-2017
Selected for inclusion in Missouri & Kansas Super Lawyers® List, 2007-2015 (a Thomson Reuters business)
Identified by Chambers USA as a leading lawyer in the United States in the area of General Commercial Litigation, 2008-2016
American Bar Association Health Law, Intellectual Property Law, and Litigation Sections
Kansas Bar Association Health Law, Intellectual Property Law, and Litigation Sections; Board of Governors, District 7
Wichita Bar Association
Kansas Bar Foundation Fellow
Selected for inclusion in Guide to the Leading U.S. Healthcare Lawyers
American Association of Health Lawyers
Kansas Association of Hospital Attorneys
Wesley E. Brown American Inn of Court
- Youth Horizons – Past Board Member
- Rotary Club International – East Wichita Member and Past President
- Music Theatre of Wichita – Past Board Member
- Stage One – Past Board Member
- Leadership Wichita
- First Baptist Church, Wichita
Recent reported cases include Wichita Clinic, P.A. v. Louis, 185 P.3d 946 (Kan. App.2008) (family practice physician restrictive covenant) (counsel for plaintiff); Idbeis v. Wichita Surgical Specialist, P.A., 285 Kan. 485 (2007) (damages for wrongfully issued injunction) (counsel for defendant); Yordy v. Osterman, 37 Kan. App. 2d 132 (Kan. App. 2007) (best interests test in selecting school for minor child) (counsel for petitioner); Welch v. Via Christi Health Partners, 281 Kan. 732 (2006)(minority rights in LP/LLC merger) (counsel for defendant); Idbeis v. Wichita Surgical Specialists, P.A., 279 Kan. 755 (2005)(heart surgeon restrictive covenants)(counsel for defendant), South Central Kansas Health Ins. Group v. Harden & Co. Ins. Servs., 278 Kan. 347 (2004)(school district self insurance pool); Randles v. Galichia Med. Group, P.A., 2006 U.S. Dist. LEXIS 92428 (December 18, 2006)(dismissal of ERISA benefit plan action);
Mr. Ayers was also counsel in the well-known Wichita Wire, Inc. v. Lenox, 11 Kan. App.2d 459 (1986)(injunction to protect purchased good will), which established the standards in Kansas for the granting of temporary injunctive relief.
Qui Tam Litigation: Mr. Ayers has successfully defended qui tam (whistleblower) cases, such as Wynne v. Blue Cross Blue Shield, 2006 U.S. Dist. LEXIS 95103 (December 8, 2006) and 2006 U.S. Dist. LEXIS 27832 (April 21, 2006)(dismissal of False Claims Act case); U.S. ex rel. Sikkenga v. Regence Bluecross Blueshield of Utah, et al., 472 F.3d 702 (10th Cir. 2006)(amicus curiae in False Claims Act case). Mr. Ayers served as Relators’ counsel in recently settled U.S. of America ex rel. Barnes, et al. v. Akal Security, Inc., Case No. 04-1325—MLB (D. Kan. 2008)(Dept. of Defense security guard contract), resulting in judgment for the United States in the amount of $18 million; and successfully resolved a three-year investigation of an aerospace contractor with no finding of fault and no payment of money by the contractor client.
Commercial and Complex Litigation: Mr. Ayers has appeared in well-over 40 injunction lawsuits in state and federal court where the issues arose out of trade secrets, restrictive covenants, or unfair competition. As a young lawyer, he second-chaired and briefed Kansas’ leading trade secret case, Koch Engineering Company, Inc. v. Faulconer (1980). He also tried and defended the appeal in Kansas’ leading irreparable harm case, Wichita Wire v. Lennox (1986). In his injunction practice, Mr. Ayers tries most of his cases to the court, but he has also tried cases to juries where the issues included fraud, breach of contract, or business defamation. For example, in May 2008 Mr. Ayers obtained a jury verdict of $250,000 plus punitive damages in a trade secret/breach of fiduciary duty case. David T. Webb & Co. et al. v. Gorges et al., Case No. 05 CV 1887 (Kan. 18th Jud. Dist. 2008).
Health Care Litigation: In the last several years, Mr. Ayers brought to successful resolution, without any admission of liability, a qui tam case arising out of the False Claims Act; successfully mediated the termination of agreements that allegedly violated the prohibition against the corporate practice of medicine; successfully enforced a number of restrictive covenants imposed on members of medical practices; and assisted in the separation of several physician practices from larger physician groups.
Attorney, IBM Corporation (1980-1981), Armonk, New York
- Living in the Real World: Case Studies on How to Handle Potential Overpayments and False Claims (Foulston Siefkin LLP, Kansas Health Law Institute)
- Documentation Reminder for Split/ Shared visits, Incident to Services, and Scribes (Foulston Siefkin LLP, Kansas Health Law Institute)
- Anti-Kickback Compliance: Anatomy of a False Claims Act Case (Foulston Siefkin LLP, Kansas Health Law Institute)
- Dealing with Difficult Physicians (Foulston Siefkin LLP, Health Law Institute)
- Who’s to Know? Reporting & Repaying Overpayments (Foulston Siefkin, Health Law Institute)
- Antitrust Law in Kansas after SB 124 (KADC, KADC Annual Conference)
- Top Ten Reasons to Love the ACA (Foulston Siefkin LLP, Health Law Institute)
- Overpayments: Risks, Reporting, and Returning (Great Plains, Great Plains Health Alliance Annual Meeting)
- Antitrust Law in Kansas After SB 124 (Wichita Bar Association)
- Ethics Minefields: Whistleblowers, Internal Investigations, and Responding to the Government (Foulston Siefkin Ethics Seminar for Corporate Counsel)
- Top Developments in Health Law in 2012 (Foulston Siefkin Kansas Health Law Institute)
- Update of State and Federal Enforcement Initiatives (Foulston Siefkin Kansas Health Law Institute)
- Overview of the New Health Care Reform Act: Patient Protection and Affordable Care and Health Care and Education Reconciliation Acts of 2010 ("PPACH") (Wichita Bar Association)
- Top 10 Things You Need to Know About Health Care Reform (Foulston Siefkin Kansas Health Law Institute)
- Updates of Enforcement Activity from RACs, the Kansas Board of Healing Arts, the Kansas Attorney General, and the U.S. Department of Justice (Foulston Siefkin Kansas Health Law Institute)
- Kansas Health Care-Governmental Structure & Control (Foulston Siefkin Kansas Health Law Basics Conference)
- 2008 Health Care Case Law Update (Chapter Healthcare Financial Management Association Quarterly Meeting)
- Incident To Billing and Reimbursement (Health Law Institute)