Robert J. Finley

Partner

He/Him

"My clients value ingenuity and flexibility combined with meticulous preparation and analysis to yield practical and simplistic solutions in their complex defense litigation and high-exposure trial matters."

212-471-6217

Email cmZpbmxleUBoaW5zaGF3bGF3LmNvbQ==

Robert J. Finley

Partner

He/Him

212-471-6217

Email cmZpbmxleUBoaW5zaGF3bGF3LmNvbQ==

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About Robert

With a national litigation and trial practice, Robert represents businesses and insurers in complex tort, employment, and health care matters. He primarily serves clients in the transportation, technology, and health care sectors, but also advises other industries, including construction, insurance, and real estate . Robert handles jury trials, appeals, mediations, and arbitration hearings nationwide and has been admitted pro hac vice in multiple jurisdictions.

Robert chairs the firm's Social Media for Trial Committee and developed Social Media Intelligence for Trial at Hinshaw (SMITHc) for the acquisition and use of social media evidence at trial.

Areas of Focus

Industries:

Services:

Experience

Secured permanent stay of arbitration in Bronx County, New York, on behalf of an underinsured auto liability carrier after uncovering prima facie insurance fraud by a claimant using a false identity. The court permanently stayed the arbitration, disposing of a claim exceeding $1 million for serious personal injuries, as the fraudulent conduct was not covered under the policy.
Granted summary judgment to dismiss a personal injury case filed by the plaintiff passenger in New York County. The court found that a co-defendant tractor-trailer was the sole proximate cause of the collision, clearing the client of liability despite arguments that the client parked too close to the vehicle.
Secured summary judgment in Bronx County, New York, in favor of a motor vehicle operator who came to a complete stop with a turn signal on while preparing for an impermissible U-turn, only to be suddenly rear-ended by the co-defendant’s vehicle.
Achieved summary judgment in Queens County, New York, for a rear-seat passenger collision case where both parties could not provide a non-negligent explanation for the accident.
Obtained summary judgment in Cook County, Illinois, for a driver who was sued by a bicyclist. The court ruled the driver was not liable for a passenger opening a car door in the bicycle's path.

Obtained summary judgment in Cook County, Illinois, for a driver against two rear-seat passenger plaintiffs where co-defendant driver experienced bipolar hallucinations because our client acted reasonably in unforeseeable circumstances and was not the proximate cause of the plaintiffs’ injuries.
Defeated a $750,000 general liability claim in Baltimore, Maryland, for a company vehicle accident where contributory negligence barred recovery.
Successfully defended a national pest control company against a civil trespass case in Santa Fe, New Mexico, against an $890,000 civil trespass claim. The jury found no proximate cause.
Won a jury verdict and appellate affirmation in rural Pennsylvania, clearing a truck driver of negligence despite pulling into the path of plaintiff’s oncoming motorcycle which was ascending the crest of a hill resulting in a collision.
Granted summary judgment in premises liability action for a client where plaintiff was injury in the course of a camogie sport competition. The court found no fault for or prior notice of hazards.
Successfully handled cases of first impression, establishing analytical frameworks under the Illinois Workers’ Compensation Act for AMA impairment guides, medical billing fee schedules, and construction worker overtime calculations.
Achieved a successful defense of a $1 million workers' compensation claim by a union carpenter in Illinois. The commission ruled that the surgery was unrelated to a work injury and failed to prove lifetime wage differential claims.
Secured reported appellate decision clarifying employer liability for total disability benefits where evidence shows former employee working in reasonably stable job market.
Secured reported appellate decision dismissing plaintiff’s premature judgment enforcement petition.
Successfully defended workers’ compensation insurance pool dismissing former employee’s claims to increased, lifetime disability and medical benefits. Appellate court affirmed administrative agency decision.
Disputed and resolved federal agency’s statutory medical subrogation claims arising from COVID-19 exposure, negotiating a compromise agreement with the US Office of General Counsel, resulting in substantial client savings.
Successfully challenged Medicare conditional payment claims at the administrative level, including post-settlement allocations and releases of bad faith petition and medical expenses funds totaling $219,375.
Achieved dismissal with prejudice in favor of a third-party insurance administrator client in a medical provider assignment case.
Defended a workers’ compensation insurer and its insured against a quasi-contractual medical provider claim, with appellate and the Illinois Supreme Court rulings in favor of the client.
Successfully reversed agency’s permanent, total disability decision and dismissed the opponent’s appeal on jurisdictional grounds.

Recognition

Leading Lawyer, Arts, Entertainment & Sports Law; Personal Injury Defense Law: General; Workers' Compensation Defense Law, 2019
Illinois Super Lawyers, Rising Star, 2008 – 2010

Credentials

Education

DePaul University College of Law, JD, 2001
Marquette University, BA, 1995

Bar Admissions

Illinois
New York

Court Admissions

US District Court for the Northern District of Illinois
US District Court for the Eastern District of New York
US District Court for the Southern District of New York
US District Court for the Eastern District of Wisconsin

Thought Leadership

Presentations

Robert is frequently invited to speak on defense litigation, Medicaid and Medicare reimbursement, and workers' compensation topics. He has taught at Hinshaw University, the firm's nationwide attorney training and education program, on depositions, negotiations, and settlement releases.

His recent presentations include:

Co-Presenter, "Medicare and Medicaid 2026 Reimbursement Requirements: Key Changes Affecting Personal Injury Lawyers," BARBRI, CLE Webinar, January 29, 2026
Co-Presenter, "Personal Injury Settlement Strategies: Navigating Medicaid's Anti-Lien Provisions," Strafford, CLE Webinar, November 11, 2025
Co-Presenter, "Practical Considerations in Handling Workers’ Compensation Claims," Hinshaw’s 29th Annual Labor & Employment Seminar, Schaumburg, Illinois, October 9, 2025
Co-Presenter, "Litigants' Perspectives on Resolving Conditional Payments with Private Plans,” RISE Medicare Secondary Payer (MSP) World 2024, Virtual Event, May 30, 2024

Co-Presenter, "Don't Be the Villain – False Claims Act," 2023 National Medicare Secondary Payer Network (MSPN) Annual Educational Conference, Baltimore, Maryland, November 9, 2023
Co-Presenter, "Personal Injury Settlement Strategies: Reckoning With Medicaid Reimbursement From Payments for Future Medical Care," Strafford, Webinar, November 8, 2023
Co-Presenter, "A New Threat: Beware of Medicaid Liens in Your Premises Liability Claims," 2023 CLM Annual Conference, Tampa, Florida, March 30, 2023
"Assess Variations Between Different State Medicaid Lien Laws," RISE Medicare Secondary Payer (MSP) World 2023, Tampa, Florida, March 2, 2023
"What's Up Their Sleeve? The Future of LMSAs," 2022 National Medicare Secondary Payer Network (MSPN) Annual Educational Conference, Hanover, Maryland, September 21, 2022
"Intro to SCOTUS Cases on Medicaid Liens," RISE 6th Annual Medicare Secondary Payer Conditional Payment Forum, Virtual Event, July 11, 2022
Co-Presenter, "Employers and Carriers Beware: Claims with Medicaid Recipients Need Special Attention," 2022 CLM Workers Compensation and Retail, Restaurant & Hospitality Conference, Chicago, Illinois, May 20, 2022
"Reporting and Reimbursement: Handling Conditional Payments in the Defense of Liability Plans under MSP," 7th Annual RISE Medicare Secondary Payer Master Class, Washington, D.C., February 25, 2022
Co-Presenter, "Analyze the Pre-Settlement Conditional Payment Resolution Process," 6th Annual RISE Medicare Secondary Payer Conditional Payment Forum, Virtual Event, July 27, 2021
Co-Presenter, "Established Strategies for Working with US DOT and US DOJ," 6th Annual RISE Medicare Secondary Payer Master Class, Virtual Event, February 10, 2021
Co-Presenter, "Conditional Payment from Conception to Completion: Requesting Redetermination of Medicare's Demand for Reimbursement of Conditional Payments," 5th Annual RISE Medicare Secondary Payer Conditional Payment Forum, Virtual Event, July 28, 2020
Co-Presenter, "CMS Notice of Proposed Rules Part 2: An Analysis of the Mandatory Reporting Proposed Civil Money Penalty Regulations," 4th Annual RISE Medicare Secondary Payer Conditional Payment Forum, Virtual Event, July 27, 2020
Panelist, "Saving $1,000/Day — Avoiding Mandatory Reporting Civil Money Penalties," 2020 CLM Workers Compensation and Retail, Restaurant & Hospitality Conference, June 18, 2020
Co-Presenter, "Medicare Set-Asides: An Update on Liability Medicare Set-Asides," 5th Annual RISE Medicare Secondary Payer Master Class, Jacksonville, Florida, February 4, 2020
Co-Presenter, "Conditional Payments: Best Practices for Resolving Conditional Payments Post-Settlement with the Benefits Coordination and Recovery Center (BCRC)," 5th Annual RISE Medicare Secondary Payer Master Class, Jacksonville, Florida, February 4, 2020
"Mandatory Reporting: Efficient Reporting of Total Payment Obligation to Claimant (TPOC) in Liability, No Fault, and Workers Compensation," 5th Annual RISE Medicare Secondary Payer Master Class, Jacksonville, Florida, February 3, 2020
Panelist, "Leveraging Settlement with MSAs in Mediation," National Alliance of Medicare Set-Aside Professionals (NAMSAP) 2019 Educational Conference, Baltimore, Maryland, September 18, 2019
"Medicaid Third Party Liability: Resolving State Agency and MCO Claims," RISE! 3rd Annual Medicare Secondary Payer Conditional Payment Forum, Washington D.C., August 27, 2019
"Medicare Set-Asides in Personal Injury ‒ New Developments," National Business Institute, Teleconference, June 5, 2019
"Technology & Transportation: Legal Issues in App-Based Ride Sharing," Hinshaw University, Chicago, Illinois, May 29, 2019
"Mitigation of Medicare Settlement Risk and Costs Through Clinical and Pharmacological Controls," 2019 CLM Workers Compensation Conference, Chicago, Illinois, May 22, 2019
Co-Presenter, "Medicare Advantage Plan Update – Trends and Case Law," 4th Annual RISE! Medicare Secondary Payer Master Class, The Essential Guide to the Latest Developments in Mandatory Insurer Reporting, Conditional Payments, Medicare Set-Asides and Medicaid Secondary Payer, Miami, Florida, February 27, 2019
Co-Presenter, "Advantages and Disadvantages of Professional Administration," 4th Annual RISE! Medicare Secondary Payer Master Class, The Essential Guide to the Latest Developments in Mandatory Insurer Reporting, Conditional Payments, Medicare Set-Asides and Medicaid Secondary Payer, Miami, Florida, February 27, 2019

Publications

Robert created Hinshaw's Mr. Medicare: Rx for Compliance publication, which provided resources, analysis, and perspective on Medicare Secondary Payer laws.

Relying on his extensive knowledge and experience with Medicare and Medicaid compliance, Robert also contributed posts for the Flagship Services Group blog, including:

"Early Observations on Michigan's New Auto No Fault Laws," January 4, 2021
"Florida Medicaid Third Party Liability Act Survives 11th Circuit Challenge," November 17, 2020
"Early Takeways from CRC NGHP Applicable Plan Appeals Webinar," September 29, 2020
"Dog Days of Summer," August 24, 2020
"Decision Point: Z Code Conundrums," July 20, 2020
"Tea Leaves and Time Bombs," July 2, 2020
"Summer School: Briefing Key Cases in 2020," June 23, 2020
"Chicken Soup for Section 111: Boiling Down the Public Comments on Proposed Civil Money Penalties," June 1, 2020
"Opportunity for Improvement," May 5, 2020

Robert's other publications include:

"To Be or Not to Be an Employee?," Workers Compensation Law, Illinois State Bar Association, Vol. 60, No. 2, November 2022
"50 State Primer on Medicaid Recovery Laws," Hinshaw's On The Law Series, Third Edition, September 2022; Second Edition, August 2019; First Edition, December 2016
"Mind the Gap: Maroney's Rule 23 Caution on Causal Connection," Workers Compensation Law, Illinois State Bar Association, Vol. 58., No. 5, May 2021
"Seeing Double: The Inextricably Intertwined Case(s) of Mr. Centeno a/k/a Mr. Morales," Workers Compensation Law, Illinois State Bar Association, Vol. 57., No. 6, May 2020

Events

Healthcare Alert

New Prompt Settlement Payment Act Has Significant Implications for Illinois Malpractice Cases, Jan 9, 2014

Hinshaw Alert

New York’s AVOID Act Impacts Third-Party Action Practice: Could it Do More Harm than Good? , Jan 9, 2026

Hinshaw Newsletters

Employment Practices Newsletter - July 2011 Edition, Jul 11, 2011
Employment Practices Alert - February 2010 Edition, Feb 1, 2010

In The News

Insights for Insurers Alerts

Press Releases

Webinars

View all of Robert's Insights

Interests

Did you know...

Prior to pursuing a career in law, Robert worked in sports radio as a producer and reporter covering major spectator events: the Super Bowl, NBA Finals, Kentucky Derby, US Open Golf Championship, NCAA men's and women's basketball tournaments, and the 1996 Summer Olympics in Atlanta.

Community/Civic Activities

Galway, Ireland Committee (Chicago Sister Cities International)
Hockey Players In Business
Irish American Heritage Center Old St. Patrick's Church of Chicago
Wisconsin Windigo (North American Hockey League)
Xavier (OH) University