Dana Berkowitz

• Parties Confidential. Lead counsel to behavioral health company in rate dispute with major payor. Resolved after service of draft complaint for $30 million more than prior offer.
• Hammell v. Pilot Products, Inc. Defined Benefit Pension Plan. Lead trial counsel for plaintiff in ERISA pension dispute. Won more than 90 percent of relief sought including over $1M in attorneys’ fees.
• Lead trial counsel to American biotech startup in nine-figure federal trade secrets litigation and international arbitration relating to next-generation COVID-19 vaccine. Matter resolved on favorable terms.
• Grasshopper House LLC v. Clean & Sober Media LLC. First-chaired bench trial on equitable relief after adverse jury verdict in Lanham Act case against well-known treatment facility, where plaintiff sought $195M. Court found unclean hands and awarded $0 to plaintiff.
• Parties Confidential. Resolved dispute on behalf of hospital against independent physician organization on eve of trial for double amount of claimed loss.
• In re Creative Care. First-chaired four-week administrative trial against California in license revocation action. Secured complete defense victory for substance abuse treatment facility client.
• Lead trial counsel in franchise arbitration against international coffeehouse chain. Awarded full amount of claimed loss.
• Bechard v. Brody. Successfully briefed and argued California appeal of order denying motion to compel arbitration in dispute involving Michael Avenatti and Republican fundraiser Elliott Brody.

Dana Berkowitz represents healthcare providers in a variety of high-stakes matters, including reimbursement disputes, regulatory proceedings, and commercial litigation and arbitration.  She also provides strategic advice to healthcare and life sciences startups and handles bet-the-company litigation on their behalf.  Dana has deep expertise in ERISA and behavioral healthcare.  Chambers USA describes her as “the full package” and “a gifted litigator and strategist” who is “knowledgeable and solutions-based.”  Legal500 calls Dana “a superlative advocate and tactician.”

Dana has a long track record of achieving favorable outcomes for healthcare providers in a wide variety of payor disputes.  Her practice focuses on managed care litigation and arbitration.  Dana also helps providers navigate audits, rate disputes, recoupment demands, and other high-risk aspects of their payor relationships. Dana leverages her ERISA expertise to help her clients take advantage of opportunities, such as by using the Parity Act to improve reimbursement for mental health services.  Dana also advises providers on best practices, often in anticipation of sale.

Dana has achieved success in several bet-the-company litigations and appeals for providers and other business clients.  For example, in 2019, she secured a complete defense verdict for a behavioral healthcare provider in a $195 million false advertising case.  In 2020, she successfully defended another provider in a four-week administrative trial against the State of California.  And in 2022, Dana led a large theft of trade secrets case to a favorable resolution for her biotech startup client.  Dana has also briefed and argued high-profile appeals in federal and state courts across the nation.

Since 2022, Chambers USA has recognized Dana as one of the top ERISA litigators in the nation.  Legal500 says that she is “unmatched in her ability to quickly ingest, organize, and master an enormous amount of factual information and synthesize it into a winning narrative.”  Dana has also been listed as a leading lawyer under 40 in Benchmark Litigation and New York Law Journal.