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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.

Full Bio

Credentials

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

"Up and Coming" in "ERISA Litigation: Mainly Plaintiffs (Nationwide)"


Chambers USA, 2022-24

Future Star


Benchmark Litigation, 2023

40 and Under Hot List


Benchmark Litigation, 2021-2022

Rising Star


New York Law Journal, 2018

Close

Recognition

"Up and Coming" in "ERISA Litigation: Mainly Plaintiffs (Nationwide)"


Chambers USA, 2022-24

Future Star


Benchmark Litigation, 2023

40 and Under Hot List


Benchmark Litigation, 2021-2022

Rising Star


New York Law Journal, 2018

Matters

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.

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Matters

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.

Lead counsel to franchisees in AAA 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 high-profile dispute involving Michael Avenatti and Republican fundraiser Elliott Brody.

Matters

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

Close

Matters

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.

Lead counsel to franchisees in AAA 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 high-profile dispute involving Michael Avenatti and Republican fundraiser Elliott Brody.

Credentials

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

"Up and Coming" in "ERISA Litigation: Mainly Plaintiffs (Nationwide)"


Chambers USA, 2022-24

Future Star


Benchmark Litigation, 2023

40 and Under Hot List


Benchmark Litigation, 2021-2022

Rising Star


New York Law Journal, 2018

Close

Recognition

"Up and Coming" in "ERISA Litigation: Mainly Plaintiffs (Nationwide)"


Chambers USA, 2022-24

Future Star


Benchmark Litigation, 2023

40 and Under Hot List


Benchmark Litigation, 2021-2022

Rising Star


New York Law Journal, 2018