Gordon H. Copland


Gordon Copland concentrates his practice in complex litigation and health care matters. He routinely represents clients before the Health Care Authority (HCA) and other state regulatory boards on certificate of need, licensure, and related health care matters. He has extensive experience in antitrust litigation and in intellectual property litigation, including patents and trademarks.

Representative Experience

  • Represented and defended hospitals in antitrust claims brought by physicians under state and federal law
  • Successful representation in the certificate of need matters in Kentucky, Maryland and West Virginia including acquisitions and sales, construction of new facilities, the addition of services, and opposition to duplicative services
  • Regular advice on medical staff issues, including scope of physician rights and the public, quasi-public and private hospital distinctions and HCQIA immunity requirements
  • Defended credentialing claims (common law and antitrust) by physicians
  • Representation in Medicaid rate setting and disallowance of administrative proceedings for nursing facilities, at administrative and appeal levels
  • Advise regarding hospital-related organizations on liability, antitrust and compliance issues
  • Represented client in a jury trial on antitrust claims under state antitrust statute and sales below cost statute against a national coal company
  • Defended a hospital on claims of antitrust violations (exclusive dealing and tying) arising from the exclusion of CRNA’s as a class
  • Acted as local counsel to a major pharmaceutical manufacturer in claims of legal malpractice by mishandling the defense of a case in state and federal antitrust claims
  • Represented a hospital in antitrust claims brought by a physician
  • Represented a chemical manufacturer in a case brought by an excluded piping contractor against area chemical plants involving numerous Sherman Act and West Virginia antitrust claims
  • Represented chemical company in defense of an antitrust case in West Virginia federal court
  • Represented numerous clients in antitrust investigations by the West Virginia Attorney General, including coal companies in the statewide investigation of alleged monopoly pricing
  • Defended a pharmaceutical company in monopolization and related antitrust claims

Licensed In

  • West Virginia


  • J.D. William & Mary Law School
  • B.A. Washington & Lee University


  • Former Member, West Virginia Health Care Task Force’s “Certificate of Need Panel,” which was responsible for drawing up the draft State Health Plan for 1992
  • Antitrust Section, American Bar Association
  • Health Care Committee, American Bar Association
  • National Health Lawyers Association


  • Chambers USA: America’s Leading Lawyers for Business – Healthcare (2021-Present)
  • The Best Lawyers in America®, Antitrust Law (2008-Present), Commercial Litigation (2006-Present), Health Care Law (2003-Present), Litigation – Banking and Finance (2011-Present), Litigation – Municipal (2011-Present)
  • Best Lawyers® 2024 Morgantown, WV, Litigation – Banking and Finance, Lawyer of the Year
  • Best Lawyers® 2019 Morgantown, WV, Health Care Law, Lawyer of the Year
  • Best Lawyers® 2016 Morgantown, WV, Litigation-Banking and Finance, Lawyer of the Year

Speaking Engagements

  • “Government and Antitrust Enforcement in the Health Care Market: The Regulators Need an Update,” West Virginia Law Review
  • “Advance Medical Directives in West Virginia, Part Two,” West Virginia Law Review

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