Representative Matters

  • Defends national health insurance companies in multimillion-dollar Medicare, Medicaid and commercial health care disputes with providers, third-party administrators (TPAs), Accountable Care Organizations (ACOs), and managed services organizations (MSOs) in multiple jurisdictions.
  • Defends plans and administrators against ERISA breach of fiduciary and denial of benefits actions in federal courts nationwide.
  • Represents patentees and accused infringers in several complex patent infringement and invalidity matters, including management of claim construction, Markman hearings and expert reports on mechanical/electrical patents.
  • Represents a Fortune 500 health insurance company in litigation and arbitrations across the country against providers submitting fraudulent/improper health insurance claims.
  • Obtained dismissal through summary judgment, affirmed by the Ninth Circuit on appeal, of federal case seeking tens of millions of dollars for alleged RICO, Securities Fraud, and unfair competition claims. Uthe Technology Corp. v. Aetrium, Inc., D.C. No. 3:95-cv-02377-WHA (9th Cir. July 2, 2018).
  • Successfully defended a national Medicare Managed Care insurer as co-lead counsel in a two-week confidential arbitration against a claim of $20 million owed on a risk contract with a managed services organization in South Florida, and served as lead counsel in defeating appeals of the arbitration award, including a petition for certiorari to the U.S. Supreme Court.
  • Successful summary judgment and defeat of appeal to Iowa Court of Appeals relating to a national health insurance payor’s denial of benefits under the Iowa Insurance Code.
  • Obtained summary judgment in federal court relating to an ERISA plan sponsor’s denial of benefits.
  • Defended large insurer in a confidential arbitration defending an insurer against a $5 million contract claim by a managed services organization and the counterclaim that the managed services organization’s new plan improperly enrolled the payor’s members.