People
Dana Berkowitz is an experienced commercial litigator with a nationally recognized behavioral healthcare practice. Dana resolves high-stakes problems facing providers, from ERISA-governed insurance reimbursement disputes to license revocation actions and other existential threats. She also represents providers and other entities in business litigation across subject matter areas, including intellectual property, breach of fiduciary duty, and various business torts. Chambers USA has described Dana as “a gifted litigator and strategist” who is “knowledgeable and solution-based.”
Dana has a track record of achieving favorable outcomes for providers in a wide variety of payor disputes. She helps her clients navigate pre- and post-payment audits, reimbursement rate disputes, recoupment demands, suspensions of authorization, Parity Act noncompliance, and other high-risk aspects of their payor relationships. She also counsels providers on best practices, often in anticipation of sale. Most notably, Dana was a lead advisor to a prominent drug rehabilitation center that was acquired for a record-setting price in 2018.
Dana also handles bet-the-company litigation for healthcare providers and other business clients. 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 this year, Dana led a large theft of trade secrets case relating to a cutting-edge vaccine to a favorable resolution for her biotech startup client. For the past three years, Chambers USA has recognized Dana as one of the top ERISA litigators in the nation.
At the appellate level, Dana is an experienced advocate. She has briefed and argued high-profile appeals in federal and state courts across the nation.
J.D., Harvard Law School, cum laude
A.B., Princeton University, Phi Beta Kappa
California
Central District of California
New York
Supreme Court of the United States
U.S. Court of Appeals for the Federal Circuit
U.S. Court of Appeals for the Fifth Circuit
U.S. Court of Appeals for the Ninth Circuit
U.S. Court of Appeals for the Sixth Circuit
American Bar Association, Employee Benefits Committee
French
Japanese
Mandarin Chinese
Spanish
August 7, 2024
Benchmark Litigation Names Alvin Lee, Dana Berkowitz to its 40 & Under List
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. Court found unclean hands and awarded $0 to plaintiff. Result named by Daily Journal a top defense verdict in California in 2021.
In re Creative Care. First-chaired four-week administrative trial against California state agency in license revocation action. Secured complete defense victory for substance abuse treatment facility client.
See more
August 7, 2024
Benchmark Litigation Names Alvin Lee, Dana Berkowitz to its 40 & Under List
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. Court found unclean hands and awarded $0 to plaintiff. Result named by Daily Journal a top defense verdict in California in 2021.
In re Creative Care. First-chaired four-week administrative trial against California state agency in license revocation action. Secured complete defense victory for substance abuse treatment facility client.
See more
August 7, 2024
Benchmark Litigation Names Alvin Lee, Dana Berkowitz to its 40 & Under List
J.D., Harvard Law School, cum laude
A.B., Princeton University, Phi Beta Kappa
California
Central District of California
New York
Supreme Court of the United States
U.S. Court of Appeals for the Federal Circuit
U.S. Court of Appeals for the Fifth Circuit
U.S. Court of Appeals for the Ninth Circuit
U.S. Court of Appeals for the Sixth Circuit
American Bar Association, Employee Benefits Committee
French
Japanese
Mandarin Chinese
Spanish