Uriel Rabinovitz

urabinovitz@lowey.com

914-733-7232

Uriel Rabinovitz joined Lowey Dannenberg in 2010, became a Partner in 2020, and a is a leading member of the Firm’s Healthcare, Antitrust, and Whistleblower practice groups.

Uriel is an experienced litigator who has been lead trial counsel in several trials in both federal and state courts. Uriel was recently lead trial counsel for a certified class of health benefit providers in In re Amitiza Antitrust Litigation, No. 21-cv-11057 (D. Mass.), where, after five week antitrust trial, the jury awarded his clients $63.2 million in damages. Notably, this was the first ever plaintiff’s verdict in a “generic-delay” drug antitrust case.

Uriel’s practice concentrates on prosecution of antitrust violations and pharmaceutical overcharges, and defense of class actions. He has litigated against some of the largest corporations in the world and achieved substantial victories at the trial and appellate court levels for health benefit providers, such as Aetna, Blue Cross Blue Shield Association, Cigna, Elevance, Premera Blue Cross, and Humana.

Uriel has also represented whistleblowers in False Claims Act suits and in the SEC’s whistleblower program, prosecuted accounting malpractice, and prosecuted losses related to mortgage-backed securities for one of the largest mutual funds in the United States. On the defense side, in addition to regularly representing health insurers, Uriel has represented law firms, financial investment firms, and hedge funds in a variety of matters.

Practice Focus

  • Healthcare Antitrust litigation
  • RICO and fraud litigation
  • Complex commercial litigation
  • Appellate litigation
  • Whistleblower litigation

Representative Successes

  • “Generic/Biosimilar Delay” Antitrust Cases: Uriel has successfully prosecuted multiple “generic delay” antitrust cases to verdict or settlements on behalf of health benefit provider classes or clients. See In re Amitiza Antitrust Litigation, No. 21-cv-11057 (D. Mass.) ($63.2 million dollar plaintiffs’ verdict); In re Xyrem (Sodium Oxybate) Antitrust Litigation, No. 20-md-02966-(N.D. Cal.) (confidential settlements for Aetna, Humana, HCSC and Molina); Humana Inc. v. Bausch Health Companies, Inc., et al., Case No. HG21087971 (Sup. Ct. California, Alameda Cty.) (confidential settlements for Humana and HCSC related to Glumetza); In re: Aggrenox Antitrust Litig., 14-md-2516 (D. Conn) (confidential settlements for Humana and other clients), In re: Lidoderm Antitrust Litig., 14-md-2524 (N.D. Cal.) (confidential settlements for Government Employees Health Association and other clients); In re Wellbutrin XL Antitrust Litig., 08-cv-2433 (E.D. Pa.) ($11.75 settlement for a class of third party payers and consumers).
  • “Product Hop” Antitrust Case: Uriel was lead trial counsel for Aetna, Inc. Blue Cross Blue Shield of Massachusetts, HCSC, Blue Cross Blue Shield of Florida., and Molina Healthcare, in Suboxone-related fraud and antitrust claims against drug manufacturer Indivior. HCSC v. Indivior Inc., et al., CL20-1474 (lead case). He led the team that secured a plaintiffs’ verdict in a statute of limitations trial. The case later settled for $85 million one week before the merits trial was scheduled to begin. The $85 million settlement is one of the highest “opt out” pharmaceutical drug recovery settlements on record.
  • Drugs Manufactured in Violation of FDA Standards: Key team member representing 39 health benefit providers (accounting for 60% of the U.S. market for non-governmental health insurance) in a novel RICO action seeking billions in damages against drug manufacturer GlaxoSmithKline for selling prescription drugs manufactured under conditions that amounted to egregious violations of federal standards. The case settled confidentially on the eve of trial. Blue Cross Blue Shield Ass’n, et al. GlaxoSmithKline LLC, No. 13-4663-JS (E.D. Pa.).
  • Notable Appellate Litigation:
    • Represented Aetna in its appeal before the United States Court of Appeals for the First Circuit in In re Neurontin Mktg. & Sales Practices Litig., 712 F.3d 51 (1st Cir. 2013), a significant RICO decision holding drug manufacturers accountable to health insurers for damages attributable to off-label marketing fraud.
    • Represented Humana in In re Avandia Marketing Sales Practices and Products Liability Litig., 685 F.3d 353 (3d Cir. 2012), a landmark federal appellate decision establishing Medicare Advantage health insurers’ private right of action under the Medicare Secondary Payer Act.
    • Represented 20 health insurers as amicus curiae, in In re Avandia Mktg. Sales Practices & Prods. Liab. Litig., 804 F.3d 633 (3d Cir. 2015), where the Third Circuit held that a drug manufacturer’s deceptive marketing causes third-party payers to suffer legally cognizable injuries.
  • Class Action Defense: Successfully defended health insurer clients in several class actions. See Wurtz v. Rawlings Co., LLC, 2016 WL 7174674 (E.D.N.Y. Nov. 17, 2016); Meek-Horton v. Trover, et al., 910 F. Supp. 2d 690 (S.D.N.Y. 2013); Potts v. Rawlings Co. LLC, 897 F. Supp. 2d 185 (S.D.N.Y. 2012); Minerley v. Aetna, Inc., No. 13-cv-1377, 2019 WL 2635991 (D.N.J. June 27, 2019), aff’d, No. 19-2730, 2020 WL 734448 (3d Cir. Feb. 13, 2020); Mattson v. Aetna Life Ins. Co., 124 F. Supp. 3d 381 (D.N.J. 2015), aff’d, 653 F. App’x 145 (3d Cir. 2016).
  • Whistleblowers/False Claims Act: Represented 4 whistleblowers and led the litigation that secured a $41 million False Claims Act settlement. The case uncovered a provider’s profit-making policy that illegally billed federal health programs (e.g., Medicare, Medicaid and Tricare) for medically unnecessary drug testing.

Community & Personal

Uriel was Associate Editor for the Fordham Law Review. During law school, he served as a Judicial Intern to the Honorable Novalyn L. Winfield, U.S. Bankruptcy Judge for the District of New Jersey. Uriel is fluent in Hebrew.

Education:

B.A. Yeshiva University (2005)

J.D. Fordham University School of Law (2010)

Bar/Court Admissions:

New York, New Jersey, the United States Courts of Appeals for the Second and Third Circuits, the U.S. District Courts for the Southern and Eastern Districts of New York, and the District of New Jersey.

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