Partner
Dana Berkowitz
- Harvard, J.D. (2011)
- Princeton, A.B. (2007)
Dana Berkowitz is an accomplished trial lawyer who chairs Stris & Maher’s healthcare group. Chambers USA calls Dana “a gifted litigator … and strategist, and an all-round talented lawyer … knowledgeable and solution-based.”
Dana’s healthcare practice focuses on resolving high-stakes problems facing providers. She has a long track record of achieving favorable outcomes in multimillion-dollar ERISA-governed disputes with insurers. She regularly tackles pre- and post-payment audits, reimbursement rate disputes, suspensions of authorization, and various types of Parity Act noncompliance.
Dana also counsels providers on best practices, often in anticipation of sale. Most notably, from 2015 through its sale in mid-2018, she was a lead advisor to a prominent drug rehabilitation center that was acquired for over $100 million.
Dana handles bet-the-company litigation for providers both inside and outside the ERISA context. In 2020, she successfully defended a well-known drug rehabilitation facility against the State of California in a four-week license revocation hearing. In 2019, she secured a complete defense verdict for a healthcare provider in a $195 million false advertising trial. And she currently represents a healthcare technology plaintiff in a massive-damages theft of trade secrets case before the Western District of Washington. In 2022, Chambers USA ranked Dana as one of the top ERISA litigators in the nation.
Dana is also an experienced appellate advocate. She has handled appeals in federal, California, and New York courts. Most notably, Dana briefed Schueneman v. Arena Pharmaceuticals, Inc., in which the Ninth Circuit issued a published opinion reversing the dismissal with prejudice of a major pharmaceutical class action. The case later settled for $24 million.
Dana represents clients at trial and on appeal in a wide range of substantive areas.
Intellectual Property disputes
Grasshopper v. Clean & Sober Media
Trial and appellate victory in $180 million Lanham Act false advertising case named by the Daily Journal a Top 20 Defense Verdict of 2021.
HDT Bio v. Emcure
Currently serving as lead counsel to U.S. biotech in nine-figure international trade secrets misappropriation litigation involving next-generation COVID-19 vaccine.
Roe v. Smashwords
Prevailed before Sixth Circuit in well-publicized copyright dispute on behalf of nation’s largest self-publishing platform.
Complex Financial Disputes
Hammell v. Pilot Products
Currently serving as lead trial counsel to pension plan beneficiary and former co-trustee in complex breach of fiduciary duty litigation.
Schueneman v. Arena Pharmaceuticals
Briefed Ninth Circuit appeal leading to reinstatement of securities fraud class action and clarification of scienter standard under the Private Securities Litigation Reform Act. Case later settled for $24 million.
Energy Conservation Group v. Applied Underwriters
Lead trial counsel to regional business in dispute against Berkshire Hathaway subsidiary arising from patented insurance product designed to circumvent state regulations. Negotiated favorable settlement.
Merrill Lynch v. Manning
Prevailed on behalf of several large shareholders who lost over $50 million in U.S. Supreme Court case about the scope of exclusive jurisdiction under the Securities Exchange Act.
In re Disney ERISA Litigation
Briefed and argued Ninth Circuit class action about the duty to monitor popular mutual fund offering in ten-figure pension plan.
Franchisee v. Multinational Coffeehouse Chain
Won high six-figure award in American Arbitration Association arbitration against 1,000+ store franchisor.
Healthcare and Insurance Disputes
Behavioral Healthcare Providers v. Health Insurance Companies
Without litigation, favorably resolved multimillion-dollar disputes for various provider clients arising from insurance audits, reimbursement demands, suspensions of authorization, and other insurer-imposed barriers to care.
Catastrophically Injured Man v. Health Plan Fiduciaries
Without litigation, obtained complete relief for client rendered quadriplegic in tragic car accident following health plan refusal to cover neither $1.3 million in past medical bills nor any future care.
Montanile v. National Elevator
Crafted winning factual narrative in U.S. Supreme Court case that limited exposure of healthcare plan beneficiaries to claims by insurance companies.
Humana v. Nguyen
Briefed Fifth Circuit appeal leading to reversal of summary judgment grant and resolution of unsettled question about the fiduciary status of health insurance companies.
Government and Regulatory Disputes
In re Creative Care
Prevailed in four-week license revocation hearing against California agency.
Sovereign v. San Clemente
Prevailed in federal civil rights litigation between substance abuse treatment provider and Southern California city.
Behavioral Healthcare Providers v. Regulators
Successfully counseled providers facing regulatory scrutiny arising out of sentinel events, alleged staff misconduct, and stakeholder complaints.
Dollar General v. Mississippi Band of Choctaw Indians
Represented States of Mississippi, Colorado, North Dakota, New Mexico, Oregon, and Washington as amici before the U.S. Supreme Court, successfully arguing in support of tribal jurisdiction.
Davis v. PBGC
Represented Delta Pilots’ Pension Preservation Organization as amicus before the U.S. Supreme Court in complex dispute against the Pension Benefit Guarantee Corporation.
Fighting for the Underdog with Dana Berkowitz, SNF (Skilled Nursing Facility) Spotlight Series (2021) (Watch recording of this presentation)
ERISA Preemption, Virtual ERISA Basics National Institute (2021)
ERISA Fiduciary Breach Litigation, Raymond James Retirement Plan & Institutional Advisory Council Conference (2020)
Supreme Court Practitioners Panel, 17th National Forum on ERISA Litigation (2019)
Remedies and Equitable Relief; 502(a)(3), 16th National Forum on ERISA Litigation (2018)
Recent Developments in Securities Litigation, New York City Bar Association Securities Litigation Committee (2017)
Medical Provider Claims: Assignment, Standing and Penalties, 13th National Forum on ERISA Litigation (2016)
Bloomberg BNA, Employee Benefits Law, editor (2017 to present)
American Bar Association, Mid-Winter Report, editor (2016 to present)
American Health Lawyers Association, member
National Association of Women Lawyers, member
American Bar Association, member
Overview
Dana Berkowitz is an accomplished trial lawyer who chairs Stris & Maher’s healthcare group. Chambers USA calls Dana “a gifted litigator … and strategist, and an all-round talented lawyer … knowledgeable and solution-based.”
Dana’s healthcare practice focuses on resolving high-stakes problems facing providers. She has a long track record of achieving favorable outcomes in multimillion-dollar ERISA-governed disputes with insurers. She regularly tackles pre- and post-payment audits, reimbursement rate disputes, suspensions of authorization, and various types of Parity Act noncompliance.
Dana also counsels providers on best practices, often in anticipation of sale. Most notably, from 2015 through its sale in mid-2018, she was a lead advisor to a prominent drug rehabilitation center that was acquired for over $100 million.
Dana handles bet-the-company litigation for providers both inside and outside the ERISA context. In 2020, she successfully defended a well-known drug rehabilitation facility against the State of California in a four-week license revocation hearing. In 2019, she secured a complete defense verdict for a healthcare provider in a $195 million false advertising trial. And she currently represents a healthcare technology plaintiff in a massive-damages theft of trade secrets case before the Western District of Washington. In 2022, Chambers USA ranked Dana as one of the top ERISA litigators in the nation.
Dana is also an experienced appellate advocate. She has handled appeals in federal, California, and New York courts. Most notably, Dana briefed Schueneman v. Arena Pharmaceuticals, Inc., in which the Ninth Circuit issued a published opinion reversing the dismissal with prejudice of a major pharmaceutical class action. The case later settled for $24 million.
Representative Matters
Dana represents clients at trial and on appeal in a wide range of substantive areas.
Intellectual Property disputes
Grasshopper v. Clean & Sober Media
Trial and appellate victory in $180 million Lanham Act false advertising case named by the Daily Journal a Top 20 Defense Verdict of 2021.
HDT Bio v. Emcure
Currently serving as lead counsel to U.S. biotech in nine-figure international trade secrets misappropriation litigation involving next-generation COVID-19 vaccine.
Roe v. Smashwords
Prevailed before Sixth Circuit in well-publicized copyright dispute on behalf of nation’s largest self-publishing platform.
Complex Financial Disputes
Hammell v. Pilot Products
Currently serving as lead trial counsel to pension plan beneficiary and former co-trustee in complex breach of fiduciary duty litigation.
Schueneman v. Arena Pharmaceuticals
Briefed Ninth Circuit appeal leading to reinstatement of securities fraud class action and clarification of scienter standard under the Private Securities Litigation Reform Act. Case later settled for $24 million.
Energy Conservation Group v. Applied Underwriters
Lead trial counsel to regional business in dispute against Berkshire Hathaway subsidiary arising from patented insurance product designed to circumvent state regulations. Negotiated favorable settlement.
Merrill Lynch v. Manning
Prevailed on behalf of several large shareholders who lost over $50 million in U.S. Supreme Court case about the scope of exclusive jurisdiction under the Securities Exchange Act.
In re Disney ERISA Litigation
Briefed and argued Ninth Circuit class action about the duty to monitor popular mutual fund offering in ten-figure pension plan.
Franchisee v. Multinational Coffeehouse Chain
Won high six-figure award in American Arbitration Association arbitration against 1,000+ store franchisor.
Healthcare and Insurance Disputes
Behavioral Healthcare Providers v. Health Insurance Companies
Without litigation, favorably resolved multimillion-dollar disputes for various provider clients arising from insurance audits, reimbursement demands, suspensions of authorization, and other insurer-imposed barriers to care.
Catastrophically Injured Man v. Health Plan Fiduciaries
Without litigation, obtained complete relief for client rendered quadriplegic in tragic car accident following health plan refusal to cover neither $1.3 million in past medical bills nor any future care.
Montanile v. National Elevator
Crafted winning factual narrative in U.S. Supreme Court case that limited exposure of healthcare plan beneficiaries to claims by insurance companies.
Humana v. Nguyen
Briefed Fifth Circuit appeal leading to reversal of summary judgment grant and resolution of unsettled question about the fiduciary status of health insurance companies.
Government and Regulatory Disputes
In re Creative Care
Prevailed in four-week license revocation hearing against California agency.
Sovereign v. San Clemente
Prevailed in federal civil rights litigation between substance abuse treatment provider and Southern California city.
Behavioral Healthcare Providers v. Regulators
Successfully counseled providers facing regulatory scrutiny arising out of sentinel events, alleged staff misconduct, and stakeholder complaints.
Dollar General v. Mississippi Band of Choctaw Indians
Represented States of Mississippi, Colorado, North Dakota, New Mexico, Oregon, and Washington as amici before the U.S. Supreme Court, successfully arguing in support of tribal jurisdiction.
Davis v. PBGC
Represented Delta Pilots’ Pension Preservation Organization as amicus before the U.S. Supreme Court in complex dispute against the Pension Benefit Guarantee Corporation.
Speaking Engagements
Fighting for the Underdog with Dana Berkowitz, SNF (Skilled Nursing Facility) Spotlight Series (2021) (Watch recording of this presentation)
ERISA Preemption, Virtual ERISA Basics National Institute (2021)
ERISA Fiduciary Breach Litigation, Raymond James Retirement Plan & Institutional Advisory Council Conference (2020)
Supreme Court Practitioners Panel, 17th National Forum on ERISA Litigation (2019)
Remedies and Equitable Relief; 502(a)(3), 16th National Forum on ERISA Litigation (2018)
Recent Developments in Securities Litigation, New York City Bar Association Securities Litigation Committee (2017)
Medical Provider Claims: Assignment, Standing and Penalties, 13th National Forum on ERISA Litigation (2016)
Publications
Bloomberg BNA, Employee Benefits Law, editor (2017 to present)
American Bar Association, Mid-Winter Report, editor (2016 to present)
Associations
American Health Lawyers Association, member
National Association of Women Lawyers, member
American Bar Association, member
