Dana Berkowitz

Practice Areas

Dana Berkowitz represents healthcare providers in a variety of high-stakes matters, including reimbursement disputes, regulatory proceedings, and commercial litigation and arbitration. She also provides strategic advice to healthcare and life sciences startups and handles bet-the-company litigation on their behalf. Dana has deep expertise in ERISA and behavioral healthcare.

Dana has a long track record of achieving favorable outcomes for healthcare providers in a wide variety of payor disputes. Her practice focuses on managed care litigation and arbitration. Dana also helps providers navigate audits, rate disputes, recoupment demands, and other high-risk aspects of their payor relationships. Dana leverages her ERISA expertise to help her clients take advantage of opportunities, such as by using the Parity Act to improve reimbursement for mental health services. Dana also advises providers on best practices, often in anticipation of sale.

Ms. Berkowitz has achieved success in several bet-the-company litigations and appeals for providers and other business clients. For example, 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 in 2022, Dana led a large theft of trade secrets case to a favorable resolution for her biotech startup client. Dana has also briefed and argued high-profile appeals in federal and state courts across the nation.