As a non-profit trade association dedicated to advocacy and research, the ACBA is the influential voice for Clinicians and their non-OEM Providers. We focus on advocating policies and advancing initiatives that encourage business growth and enterprise value for our members. The power of the ACBA’s board members and supporters comes from our collective efforts and resources. When something important to our members is happening anywhere in the U.S. or across the globe, the ACBA is there – your voice, your advocate.
To protect the businesses and assets of our members by promoting free markets in sales, re-sales, and servicing of devices and their healthful and profitable use on behalf of patients worldwide, under the governance of a board of luminary practitioners and providers.
Expanding our Mission:
As the ACBA grows in membership, so will it grow in service to the members, their practices, and their business partners. The ACBA aims to be a vigorous advocate and sophisticated ambassador in legal and regulatory venues across the country and in markets around the world, giving clinicians and their providers a voice in answer to any powerful market threat or monopolistic initiative. If you own, use, or service, energy-based devices, we will be there to protect your business model.
The ACBA Board members and staff are currently focused on critical legal campaigns for member clinicians and their non-OEM Providers. For example, the ACBA has retained a law firm to analyze the contracts and policies of manufacturers of energy-based, medical aesthetic devices; identify the injuries that manufacturers are inflicting on medical practices and the businesses that serve them; and recommend specific legal actions that the ACBA and its members can undertake to recover for past injuries to their businesses and prevent future injuries. Among the actions we will consider are 1) filing lawsuits by the ACBA in its own name to seek injunctions and other equitable relief to benefit the members of the ACBA; 2) supporting the legal efforts of individual medical practices or groups of practices, including potential class actions; 3) leading group negotiations with OEMs, where the ACBA will advocate for the medical aesthetic industry; and 4) coordinating with other attorneys and constituencies who might benefit from our analyses and support. Our attorneys will advise the ACBA of the most strategically valuable actions, and with the members’ financial support, implement them.
This initiative alone will revolutionize how Clinicians and their non-OEM Providers can protect their capital investments – not only in the U.S., but across the globe.
The ACBA provides leadership and a much needed voice for Clinicians and their non-OEM Providers on policies such as trade, technology, intellectual property, telecommunications, energy, government procurement, finance, spending and fiscal issues, health care and much more. The ACBA’s knowledge of policy and experience in advocacy are deep, inclusive, and unmatched.
Advisors to the Board of Directors
David Engelhardt is a seasoned litigator. His experience includes twenty years as a big-firm litigator on behalf of major corporations and a more recent practice in a smaller firm representing a wider variety of clients in cases against major corporations. His matters have spanned antitrust, energy, construction, employment, insurance coverage, First Amendment, and commercial matters, with claims ranging from millions to billions of dollars. He joined Themis in June, 2013.
Engelhardt delivers impactful litigation services to commercial clients large and small and to individuals and families whether foreign or domestic. Recent engagements have included fraud and contract actions on behalf of a wealthy foreign family with investments worldwide; fraud and professional negligence claims on behalf of the heirs to a vast real estate fortune; personal representation in connection with a sex scandal in the nation’s capital; claims for insurance coverage; employment disputes on behalf of professionals, senior executives, and military personnel; issues impacting the investment portfolios of families and individuals; fights for control of closely held corporations; construction claims on behalf of an international energy project developer; a disgorgement claim on behalf of a hedge fund defrauded by its former advisor; and various issues on behalf of an investment bank.
Engelhardt has an established track record of achieving the best solution for his client, whether it means persuasively presenting the matter to the fact-finder or forging a confidential settlement out of court. His resolve comes from his roots as a steelworker in Pennsylvania. He is confident in presenting issues of any size to any forum, whether millions are on the line for a corporate client, or thousands are at stake for a member of the work force. He approaches all cases, whether large or small, with the same determination. He works hard to ensure equal justice for all and takes pride in his pro bono work for three detainees on Guantanamo and two asylum-seeking survivors of the Rwandan genocide.
Engelhardt is admitted to practice in the District of Columbia, Pennsylvania, and various federal courts. He received his B.A. (English, Philosophy, Economics), summa cum laude, Phi Beta Kappa, from Bucknell University (1984), and his J.D., cum laude, from the Georgetown University Law Center (1989).
He has taken on major corporate adversaries in litigation, arbitration, and confidential negotiations, including:
- Novel versus Microsoft (1.2BB Antitrust action, subject to trebling/Raising novel issues of access to monopolist’s proprietary software specifications to support competition/One of the largest pending antitrust cases in the US at the time)
- Independent payphone company versus the entrenched local telephone monopolist (eight-figure antitrust case raising novel issues of access to monopolist’s technology)
- Duke Power versus Siemens-Westinghouse (Construction and design defects in a power plant)
- PSEG versus GE (Construction and design defects in a power plant)
- General Motors versus Insurance Carriers ($1BB case)
- Emerson Electric versus Insurance Carriers
- Wealthy Family Trust versus one of the largest law firms in the world (Malpractice and Fraud)
- Wealthy Saudi Family versus several of the world’s largest oil field service companies and their Swiss Bankers (Kickbacks and Fraud)
Engelhardt joined Themis (http://www.themis.us.com/) to team with the firm’s founder, John Pierce, who is a former federal prosecutor of health care frauds. He currently defends medical practices in False Claims investigations, grand jury proceedings, and trials. The firm represents medical practices in many types of business transactions and litigations. The firm was heavily involved in class action litigation concerning the collapse of Enron. The firm recently brought a large whistle blower action against one of the country’s largest manufacturers of medical devices, concerning its dealings with clinical customers.
Rick Schaler, MD
Dr. Schaler has many years of experience in facial reconstructive and cosmetic surgery and is a Fellow of the American College of Surgeons. Raised in Denver, Dr. Schaler is one of only a few surgeons in the Denver area who is board-certified in Facial Plastic and Reconstructive Surgery.
In addition to cosmetic surgery, Dr. Schaler has many years of facial trauma surgery experience. With his expansive set of skills, Dr. Schaler offers in-depth medical knowledge with a gifted human touch.
Education and experience are not the only factors that make Dr. Schaler the choice of so many people. He has warmth, compassion and sincere concern for his patients. Dr. Schaler enjoys living in the Denver area with his family and being involved in his community.
Board of Directors
Scott Patrick Carson
Scott Patrick Carson has over 30 years of experience in all aspects of business, including marketing, sales, business development, and management. What sets Carson apart is his focus on healthcare transactional platforms.
Carson is currently the managing partner of Healthcare Investment Advisors, a company that buys, invests in, and develops growth businesses. HIA partners with world-class management teams to build value for its investors through operational improvements, growth initiatives, and strategic acquisitions.
Jim Long, MD, FACP
Dr. Long is a board certified internist who has been practicing in Northern Virginia for more than a decade. Dr. Long is a fellow of the American College of Physicians and served on the Governor’s Council for the Virginia Chapter of the American College of Physicians. He is on the clinical faculty at Virginia Commonwealth University and teaches medical students from INOVA Fairfax Hospital’s VCU contingent. Dr. Long has been rated as one of Checkbook’s top-rated physicians in the area and selected as a Washington Top Doctor.
Dr. Long was formerly a Naval Surface Line officer and served in combat missions during Operation Desert Shield and Desert Storm. After serving in the US Navy and prior to medical school, Dr. Long was a system’s analyst supporting the Naval Aegis Weapons System.
He attended East Carolina University’s Brody School of Medicine and completed his internship and residency in Internal Medicine at Georgetown University. He was formerly trained as an F.A.A. Aviation Medical examiner.
Dr. Long has been trained in advance injection techniques in aesthetic medicine, including Botox and Dysport, and dermal fillers such as Juvederm, Radiesse and Restalyne. He is a member and Educator with the International Association for Physicians in Aesthetic Medicine.
Kristin Groop has been involved with esthetics and medical esthetic education since 2003. In 1983, she graduated from Ferris State with a degree in marketing and became a District Sales Manager for Panasonic. After her twins entered school, she pursued her dream of a career in esthetics earning both an esthetics license and laser technician certification in Arizona. Kristin began working with light based therapies in 2003 and developed protocols for several different platforms. In 2005, Kristin became the Lead Instructor for the National Laser Institute helping it grow from $64K per year to over $8M per year in 2010. Kristin went on to found her own state of the art training facility, Esthetic Advisor Laser Academy.
In 2010, in addition to teaching, Kris treated an exclusive client base in Scottsdale and began working with microneedling as a means of treating her darker skin clients. Kris married Dr. Lawrence Groop, who was independently researching microneedling, and together they developed the first microneedling curriculum. In 2012, Kris co-invented the patent pending SkinStylus® Microneedling System, the world’s first (and still only) autoclave sterilizable microneedling device after a growing concern over cross-contamination.
Kris has certified thousands of doctors, nurses and other skin professionals on the safe and proper use of both light based therapies and microneedling. She maintains her private practice in Scottsdale, continues to teach and lecture nationwide, has written many published articles, serves as an expert witness for laser lawsuits, and consults with medspa startups.
Kristin’s passion for teaching others and providing safe, effective and profitable treatments continues to grow and she is dedicated to helping others succeed in this industry. With her vast and varied experiences, she is considered a thought leader in both medical esthetics and education.
Kevin DiCerbo is a Founder and the Managing Director of Celibre Medical Corporation. He has been managing day to day operations of the organization since inception in 2004. Primary management responsibilities include marketing, finance, human resources and the purchase of and maintenance for approximately 30 different dermatologic lasers. Because the vast majority of the company’s lasers were purchased in the aftermarket, he has extensive knowledge of the challenges faced by practices purchasing used lasers – including recertification fees, working with OEMs to get parts and building an aftermarket repair network.
Kevin has a BS in Civil Engineering from Cornell University, an MBA from UCLA and is a certified medical laser safety office (CMLSO).