Joseph R. Dosch

Selected health insurance and managed care litigation:

• A health insurer in a putative class action relating to out-of-network coverage and claims processing disputes.
• A health insurer in commercial litigation and an adversary action arising out of a hospital bankruptcy.
• A Medicaid Managed Care Organization in a putative class action relating to appeal process.
• A health insurer in a putative class action relating to air ambulance coverage. Summary judgment granted in favor of client and affirmed on appeal.

Selected False Claims Act and Anti-Kickback Statute litigation and investigations include representing:

• A medical device manufacturer in a government investigation regarding alleged violations of the Anti-Kickback Statute and False Claims Act, and in resulting Corporate Integrity Agreement negotiations with HHS OIG.
• A therapeutic biologics company in False Claims Act litigation concerning patient assistance programs.
• Multiple healthcare companies, including medical device manufacturers, pharmaceutical companies and clinical laboratory companies, in response to government investigations involving potential violations of the Anti-Kickback Statute or False Claims Act.
• A medical device manufacturer against allegations of unfair trade practices based upon alleged violations of the Anti-Kickback Statute.

Selected financial services litigation include representing:

• A money transfer company in a putative class action relating to unclaimed money transfers. Successfully defeated motion for class certification.
• A money transfer company in a putative RICO class action following the company’s entry into a deferred prosecution agreement. Case dismissed following successful motion to compel individual arbitration.
• Multiple life insurance companies in putative class action matters challenging cost of insurance rate calculations.
• A financial advisory firm in an ERISA class action challenging advice provided to a 403(b) plan sponsor. Summary judgment granted in favor of client and affirmed on appeal.

Other selected complex commercial litigation and white collar matters include representing:

• Managers of a Delaware LLC at trial and on appeal in breach of contract and breach of fiduciary action relating to buyout of minority unitholders.
• A limited partnership and its general partner in a breach of contract and breach of fiduciary duty action relating to the valuation of partnership units, resulting in a complete defense verdict entered in favor of client following a bench trial.
• Elaine Wynn in litigation against Steve Wynn and Wynn Resorts, Ltd. alleging breach of a shareholder agreement, breach of fiduciary duty, as well as other business tort claims (Elaine Wynn v. Wynn Resorts, Ltd., Clark County Nevada).
• A contract sterilizer of medical devices in mass tort litigation.
• A foreign bank in a breach of contract action, resulting in a multi-million dollar judgment in favor of the bank following a bench trial, which was affirmed on appeal.
• A national professional association in multiple disputes relating to accreditation of professional schools.
• A publicly traded energy company in a criminal antitrust investigation.
• A Fortune 500 medical device manufacturer and its officers in a securities fraud class action lawsuit brought under Section 10(b) of the Securities Exchange Act of 1934.