Dana Berkowitz is an accomplished trial lawyer who chairs Stris & Maher’s healthcare practice. Her clients publicly describe Dana as “a gifted litigator,” “a very strong brief writer and strategist,” and “an all-around talented lawyer.”
Dana handles bet-the-company litigation for healthcare providers and healthcare-related startups. 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, a victory that Daily Journal recognized as one of the top defense verdicts in California that year. And she currently represents a healthcare technology plaintiff in a $950 million theft of trade secrets case in the Western District of Washington and in international arbitration. In 2022, Chambers USA ranked Dana as one of the top ERISA litigators in the nation, and Benchmark Litigation again included Dana in its guide of the country’s best litigators under 40 in any field.
Dana also resolves high-stakes problems facing healthcare providers outside of litigation. Her provider clients describe Dana as “incredible to work with,” “a knowledgeable and solution-based individual.” Dana has a long track record of achieving favorable outcomes in multimillion-dollar ERISA-governed disputes with insurers. For example, 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, Dana was a lead advisor to a prominent drug rehabilitation center that was acquired for over $100 million.
Dana is an experienced appellate advocate. She has briefed and argued appeals in federal, California, and New York courts, and she has authored numerous briefs in the U.S. Supreme Court. 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.
Updated July 2022
