Cases
Representative Matters: Pharmacy Litigation: Filed an amicus brief on behalf of the National Association of Specialty Pharmacy (NASP) in the United States Supreme Court concerning Rutledge v. the Pharmaceutical Care Management Association (PCMA), arguing that federal law does not preempt states from overseeing pharmacy benefit manager (PBM) practices
regulating reimbursement,
that stripping the states of this regulatory power leaves pharmacies without remedy
threatens critical care to the most vulnerable patients.
On behalf of a specialty pharmacy, successfully overturned claims rejections for a high-dollar specialty medication allowing the pharmacy to immediately service the affected patients.
Successfully reinstated pharmacies' mail delivery privileges with pharmacy benefit manager after receipt of cease
desist letters based upon ambiguities in the pharmacy benefit manager's contract.
Represented regional specialty compounding pharmacy in navigating
appropriately responding to multiple state boards of pharmacy investigations.
Representing state pharmacy cooperative in Federal Trade Commission investigation.
Successfully overturned notices of termination by pharmacy benefit managers based on common ownership.
Represented pharmacy in dispute with drug manufacturers over alleged outst
ing receivables.
Represented a pharmacy in defense of DEAs allegation regarding the improper dispensing of schedule II controlled substance drugs.
Represented a national pharmacy in a dispute with a large diabetes test strips manufacturer over allegations regarding the propriety of test strips purchased
dispensed by the pharmacy.
Obtained favorable outcome for pharmacy benefit manager client in dispute with state licensing facility concerning its application bid for a third party administrator license.
Consulted with state attorneys general offices contemplating investigations of pharmacy benefit managers engaging in below-cost reimbursement to independent pharmacies.
Obtained favorable outcome for multiple pharmacy clients in their applications for mail order network service rights with national pharmacy benefit manager.
Counsel for AIDS Healthcare Foundation, amicus curiae participant in Tunney Act challenge to CVS Health/Aetna merger, pending before U.S. District Judge Richard J. Leon (D.D.C.)
case involved first-ever Tunney Act evidentiary hearing with live witnesses.
Represented prominent radiologist in successful re-credentialing with two of the largest nation-wide health insurance companies.
Represented a national oncology pharmacy in negotiating a Pharmacy Benefit Management agreement, which resulted in reimbursement from 19.9% to 16%, representing a savings of millions of dollars annually.
Representing a specialty pharmacy in eliminating Generic Effective Rate claw-backs from its agreement with the largest national Pharmacy Benefit Manager.
Represented a large independent pharmacy in successfully overturning their termination by a Pharmacy Benefit Manager that was based upon allegations of improperly dispensing controlled substances.
Commercial Litigation: Represented a medical practice
its principal physician in a dispute with one of the largest insurance carriers
provider networks in New Jersey in connection with a health insurance reimbursement dispute in excess of $800,000 alleging that the practice falsely represented its physicians as providing services for the carrier's insureds
the matter was successfully resolved at a 95 percent concession by the carrier.
Represented one of the world's leading computer manufacturers in Federal Trade Commission Investigation.
Outside litigation counsel for a Fortune 200 international company h
ling hundreds of disputes involving claims of, among other things, breach of contract, fraud, interference with contractual relations, unfair competition
violations of employee non-compete agreements.
Outside litigation counsel for charter schools involving disputes with local school districts over charter audit
renewal issues.
Obtained dismissal of a $40 million dollar RICO action on behalf of an attorney alleged to have knowingly engaged in a fraudulent tax shelter scheme.
Represented Evergreen Elder Care
defeated a motion for summary judgment filed by a secured creditor who sought judgment in the approximate amount of $3.3 million
an order authorizing foreclosure of Evergreen's premises. The court also granted an order removing a receiver the court previously appointed for Evergreen's business.
Obtained summary judgment for Niscon, Inc. in a products liability action arising from an accident in which an actor fell through a trap door of a bridge on the set of the Broadway production of the musical The Little Mermaid. The court determined that Niscon could not be held strictly liable because there was no evidence that the automation software it provided to allow remote operation of the trap door was defectively designed or malfunctioned. Bailey v. Disney Worldwide Shared Services, et al., Index No. 113072/08 (N.Y. Sup. Ct, N.Y. County Feb. 10, 2010).
Represent both plaintiffs
defendants in federal
state litigation involving claims arising under the Racketeer Influenced
Corrupt Organizations Act (RICO).
Obtained a dismissal of a complaint filed in the Supreme Court of the State of New York, New York County, alleging fraud, malpractice, unjust enrichment, illegal fees,
negligence against a former tax partner at an AmLaw 100 law firm. The complaint dem
ed $140 million,
arose from the implementation of allegedly illegal tax shelters.
Served as lead counsel for major automobile manufacturer in hundreds of breach of warranty matters in Pennsylvania.
Assisted in successful representation of hotel owner in a matter brought against major hotel management company asserting claims for breach of management agreement
breach of fiduciary duty.
Represents individuals
corporations as plaintiffs
defendants in securities fraud cases in federal
state court, as well as in NASD arbitration proceedings.
Represented several shareholders of closely-held corporations in negotiations over the purchase of the shareholders' interests
in litigation against other shareholders
the corporations involving allegations of minority shareholder oppression, breach of fiduciary duty, fraud
breach of contract.
Assisted in successful representation of major health maintenance organization in having claims under RICO dismissed which alleged fraud in the solicitation of HMO plan members.
White-Collar Criminal: Represented the President of an information technology staffing firm in criminal prosecution for visa fraud
criminal forfeiture.
Represent numerous individuals
healthcare providers in the investigation
defense against allegations of fraudulent insurance claims.
Has conducted a number of internal investigations of publicly held corporations
healthcare providers in the defense
mitigation of federal claims
penalties.
Assisted in securing the dismissal of federal charges against a Taiwanese national whom the government had declared a fugitive through use of a video teleconference.
Appellate advocacy: Represented clients in the Third Circuit, the Superior
Supreme Courts of Pennsylvania
the Supreme Court of New Jersey including the case of Commonwealth v. Fischer wherein the Court adopted appellant's argument for a fundamental change in criminal jury instructions.
Obtained dismissal of charges against an individual charged with theft of trade secrets.
Obtained dismissal of charges against physicians charged with violating the False Claims Act.
Represented multiple individuals in sentencing hearings resulting in the criminal courts dramatically departing from sentencing guidelines.
Pro Bono: Obtained on behalf of a pro bono client plenary guardianship over the estate
person of her 21-year-old daughter, who suffers from encephalopathy, spastic quadriplegia,
intellectual disability, in Orphans' Court, Court of Common Pleas, Philadelphia County.
Represented child seeking Social Security benefits based on disabilities.
Represent individuals in custody proceedings
guardianship matters.
Represent pro bono clients in name changes.
