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.

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