People

David Farber specializes in litigation, regulatory matters, and public policy, with a focus on healthcare, Medicare and Medicaid issues for pharmaceutical and medical device companies, hospitals and pharmacies. A member of our FDA, Life Sciences, and Healthcare, and Government Advocacy practices, David represents clients in healthcare litigation, False Claims Act cases and other commercial disputes, as well as in advocacy before Congress and federal agencies on coverage, coding, reimbursement and other issues. He is a recognized national expert on Medicare Secondary Payer issues.

Combining broad experience in litigation and public policy, David focuses on complex, multiparty litigation and government advocacy. As a lead litigator, he represents clients in a variety of healthcare and False Claims Act cases, and other disputes. He has also counseled clients in international arbitration, including matters before the International Court of Claims.

In his advocacy practice, David focuses on advising clients in the healthcare and insurance industries. He often serves as a primary strategist and policy architect in a broad range of matters, navigating through Congress, executive branch agencies (with a focus on the Centers for Medicare & Medicaid Services and the Food and Drug Administration) and academia to influence the legislative and regulatory processes. Through his advocacy, he has drafted and helped pass legislation, and has prompted changes in agency policies in ways that benefit his clients. He is a national thought leader on Medicare Secondary Payer issues, having drafted the 2012 SMART Act enacted by Congress.

Full Bio

Credentials

B.A. Economics, New York University

J.D., Georgetown University

Supreme Court of the United States

U.S. Court of Appeals for the First Circuit

U.S. Court of Appeals for the Third Circuit

U.S. Court of Appeals for the Fourth Circuit

U.S. Court of Appeals for the Fifth Circuit

U.S. Court of Appeals for the Sixth Circuit

U.S. Court of Appeals for the Ninth Circuit

U.S. Court of Appeals for the Eleventh Circuit

U.S. District Court for the District of Connecticut

U.S. District Court for the Western District of Michigan

District of Columbia

New York

Life Sciences Editorial Board


Law360, 2014, 2017

President, Washington Region


American Jewish Committee, 2011–2013

Member, National Board of Governors


American Jewish Committee, 2013–present

Hyman Bookbinder Award


American Jewish Committee, 2016

Bertelsmann Foundation Fellow


German-Israel Young Leaders Exchange, 2007

Spirit of Community Action Award


The United Planning Organization, 2005

Matters

Represented multiple parties, including several of the leading third-party administrators, and served as lead counsel on MSP issues in U.S. ex rel. Takemoto v. Nationwide, et al, No. 16-365 (2nd Cir. January 18, 2017), dismissing first major national False Claims Act case under the Medicare Secondary Payer statute.

Drafted and led strategy on behalf of the MARC Coalition on the SMART Act, H.R. 1845 (112th Congress), enacted by Congress in 2012 as the first major reform of the Medicare Secondary Payer laws in over a decade and the SPARC Act, H.R. 1122 (115th Congress), introduced in 2017 to further improve the statute .

Worked on behalf of major pharmaceutical manufacturer to enact Medicare Part B drug reimbursement provisions.

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Matters

Represented multiple parties, including several of the leading third-party administrators, and served as lead counsel on MSP issues in U.S. ex rel. Takemoto v. Nationwide, et al, No. 16-365 (2nd Cir. January 18, 2017), dismissing first major national False Claims Act case under the Medicare Secondary Payer statute.

Drafted and led strategy on behalf of the MARC Coalition on the SMART Act, H.R. 1845 (112th Congress), enacted by Congress in 2012 as the first major reform of the Medicare Secondary Payer laws in over a decade and the SPARC Act, H.R. 1122 (115th Congress), introduced in 2017 to further improve the statute .

Worked on behalf of major pharmaceutical manufacturer to enact Medicare Part B drug reimbursement provisions.

Drafted legislation and led strategy to create federal early childhood mental health grant program.

Insights

Article · Source: Law360

August 8, 2017
Making Good Better: How To Improve Medicare Part D

Newsletter

February 13, 2017
Health Headlines February 13, 2017

View all

Matters

Represented multiple parties, including several of the leading third-party administrators, and served as lead counsel on MSP issues in U.S. ex rel. Takemoto v. Nationwide, et al, No. 16-365 (2nd Cir. January 18, 2017), dismissing first major national False Claims Act case under the Medicare Secondary Payer statute.

Drafted and led strategy on behalf of the MARC Coalition on the SMART Act, H.R. 1845 (112th Congress), enacted by Congress in 2012 as the first major reform of the Medicare Secondary Payer laws in over a decade and the SPARC Act, H.R. 1122 (115th Congress), introduced in 2017 to further improve the statute .

Worked on behalf of major pharmaceutical manufacturer to enact Medicare Part B drug reimbursement provisions.

See more
Icon close

Close

Matters

Represented multiple parties, including several of the leading third-party administrators, and served as lead counsel on MSP issues in U.S. ex rel. Takemoto v. Nationwide, et al, No. 16-365 (2nd Cir. January 18, 2017), dismissing first major national False Claims Act case under the Medicare Secondary Payer statute.

Drafted and led strategy on behalf of the MARC Coalition on the SMART Act, H.R. 1845 (112th Congress), enacted by Congress in 2012 as the first major reform of the Medicare Secondary Payer laws in over a decade and the SPARC Act, H.R. 1122 (115th Congress), introduced in 2017 to further improve the statute .

Worked on behalf of major pharmaceutical manufacturer to enact Medicare Part B drug reimbursement provisions.

Drafted legislation and led strategy to create federal early childhood mental health grant program.

Insights

Article · Source: Law360

August 8, 2017
Making Good Better: How To Improve Medicare Part D

Newsletter

February 13, 2017
Health Headlines February 13, 2017

View all

Credentials

B.A. Economics, New York University

J.D., Georgetown University

Supreme Court of the United States

U.S. Court of Appeals for the First Circuit

U.S. Court of Appeals for the Third Circuit

U.S. Court of Appeals for the Fourth Circuit

U.S. Court of Appeals for the Fifth Circuit

U.S. Court of Appeals for the Sixth Circuit

U.S. Court of Appeals for the Ninth Circuit

U.S. Court of Appeals for the Eleventh Circuit

U.S. District Court for the District of Connecticut

U.S. District Court for the Western District of Michigan

District of Columbia

New York

Life Sciences Editorial Board


Law360, 2014, 2017

President, Washington Region


American Jewish Committee, 2011–2013

Member, National Board of Governors


American Jewish Committee, 2013–present

Hyman Bookbinder Award


American Jewish Committee, 2016

Bertelsmann Foundation Fellow


German-Israel Young Leaders Exchange, 2007

Spirit of Community Action Award


The United Planning Organization, 2005