Mr. Friedman has extensive trial and litigation experience in state and federal trial and appellate courts. He has more than 30 years experience counseling and litigating on behalf of clients in the health insurance industry. He has tried antitrust, ERISA, intellectual property, trade secret, health care, insurance industry, bankruptcy, employment, and commercial litigation cases. Mr. Friedman has also represented clients in RICO, class action and public finance-related matters. Many of the cases in which he served as lead counsel are reported decisions. Mr. Friedman’s experience includes alternate dispute resolution mechanisms including mediation, arbitration and mini-trials. In both 2006 and 2007, Mr. Friedman was named a Pennsylvania Super Lawyer, an honor bestowed upon the top five percent of Pennsylvania lawyers.
Antitrust and Trade Regulation
Represented corporations and other business organizations in numerous complex antitrust cases at the trial and appellate levels.
Counseled business organizations on applicability of antitrust laws.
Lead Counsel in an antitrust case which successfully put an end to a decade’s long boycott against one of the largest dental insurers in the country.
Antitrust litigation experience includes representing clients in the insurance, health care, soft drink, construction, manufacturing, hardware and building materials industries.
Reported antitrust decisions include the following: Pennsylvania Dental Association v. Medical Service Association of Pennsylvania, 815 F.2d 270 (3d Cir. 1987), rev’g, 632 F.Supp. 653 (M.D. Pa. 1986), cert denied, 484 U.S. 851 (1987); Pennsylvania Dental Association v. Medical Service Association of Pennsylvania, 745 F.2d 248 (3d Cir. 1984), aff’g, 574 F.Supp. 457 (M.D. Pa. 1983), cert. denied, 471 U.S. 1060 (1985).
Bankruptcy and Creditors’ Rights and Bankruptcy Litigation
Enforced rights of creditor corporations and other business organizations in respect to federal bankruptcy and state insolvency/receivership proceedings in Bankruptcy Courts, United States District Courts, United States Courts of Appeals, and state courts in various regions of the country.
Tried/argued bankruptcy cases on behalf of creditors in U.S. District Courts in the Western, Middle and Eastern Districts of Pennsylvania; Southern District of New York; Northern District of Illinois; and Second and Third Circuit United States Courts of Appeal.
Reported bankruptcy-related decisions include the following: In re Monsour Medical Center, 11 B.R. 1014 (Bankr. W.D. Pa. 1981), aff’g, 8 B.R. 606 (Bankr W.D. 1981); In re Grimes Furniture, Inc., 47 B.R. 68, 12 Collier Bankr. Cas. 2d 193 (Bankr. W.D. Pa. 1985); In re Chateaugay Corp. 86 B.R. 40 (Bankr. S. D. N. Y 1988); In re I.D. Craig Service Corp. No. 89-00640, 1993 Bankr. Lexis 886 (Bankr. W.D. Pa. 1993); In re I.D. Craig Service Corp. 125 B.R. 453 (Bankr. W.D. Pa. 1991); In re I.D. Craig Service Corp. 118 B.R. 335, 20 Bankr. Ct. Dec. 1597 (Bankr. W.D. Pa. 1990); In re Passodelis, 234 B.R. 52, 41 Collier Bankr. Cas. 2d 1757 (Bankr. W.D. Pa. 1999).
Franchise Law and Litigation Experience
Successfully defended franchisor against litigation brought by Pennsylvania Attorney General for alleged violations of the Consumer Protection Act.
Litigated/defended franchisor in suit brought against the franchisor by franchisee for alleged breach/violation of the applicable franchise agreement.
Pursued franchisor’s rights enforcing its rights against franchisee.
Negotiated terms of franchise agreements.
Litigated antitrust claims against franchisors.
Litigated franchisees’ rights against franchisor.
Health Care Industry Litigation
Represented health insurers in antitrust, bankruptcy and creditor’s rights, professional association, class action, contract, employee benefits, ERISA, employment, fraud, insurance industry regulatory, RICO and miscellaneous tort litigation.
Represented durable medical equipment vendors and professional and institutional providers in a variety of settings, including peer review, professional staff committees, regulatory agencies and the courts.
Counseled clients and litigated third party reimbursement and accounting for reimbursement issues.
Counseled clients and litigated issues related to third party administration and self-insured health plans.
Practiced before state and federal agencies and the courts relating to Medicare and Medicaid reimbursement issues.
Successfully defended a major health insurer’s reimbursement mechanism for anesthesiologists and nurse anesthetists.
Represented a Medicare Part A Intermediary in administrative proceedings before the Provider Reimbursement Reviews Board and in subsequent court challenges.
Participated and litigated in several federal bankruptcy and state court receivership proceedings of hospitals.
Conducted corporate investigations and antitrust audits of participants in the health insurance industry.
Litigated claims resulting from patterns of practice and utilization review of professional providers.
Litigated issues related to institutional providers’ Medicaid cost reports.
Litigated provider participation status under the Medicare program.
Insurance Industry Regulation
Represented insurance companies on regulatory matters before the Pennsylvania and out-of-state Insurance Departments.
Counseled insurers relating to contract and rate filings with the Pennsylvania Insurance Department.
Represented insurers in matters relating to the licensing of insurance agents.
Represented insurers at hearings before the Pennsylvania Insurance Department.
Successfully deflected an attempted hostile takeover of a domestic insurer by an out-of-state insurance company in proceedings before the Pennsylvania Insurance Department.
Represented insurers in litigation under the Commonwealth Court’s original jurisdiction and the Pennsylvania Supreme Court’s appellate jurisdiction pertaining to issues relating to Pennsylvania Insurance Department oversight and regulation of insurance companies.
Intellectual Property Litigation
Represented major health insurance company in suit to compel private arbitration of dispute under Trademark Act and alleged breach of fiduciary duty regarding alleged diversion of managed care business and use of famous trademark in connection with alleged diversion.
Successfully defended intellectual property/trade secret claims on behalf of high-tech start-up company.
Litigation
Extensive litigation and trial experience in state and federal courts in Pennsylvania, Ohio, New York, Oregon and Illinois.
Successfully defended a local manufacturer against out-of-state trade secret claims brought by a multi-national conglomerate which could have crippled, if not destroyed, the local manufacturer.
During 1990s, obtained a nominal damage jury verdict in a multi-million dollar case against the third largest hardware cooperative in the nation, in which a midwestern bank brought claims of tortious interference and conversion.
Extensive RICO litigation experience.
Represented major health insurance company for more than three decades against numerous court challenges.
Extensive experience representing insurers in coverage disputes before state insurance departments, state boards and agencies, and the courts.
Reported decisions include: Goodwin v. Hartford Life Insurance Company, 491 F.2d 332 (3d Cir. 1974); West Deer Civic Association v. West Deer Township, 75 Pa. D.&C. 2d 611 (1975); Coles v. Blue Cross of Western Pennsylvania, No. 76-1097 1977 U.S. Dist. LEXIS 12141 (W.D. Pa. 1977); Coles v. Marsh, 560 F.2d 186, (3rd. Cir. 1977) cert. denied, 434 U.S. 986 (1977); Stark Dental Associates, P.C. v. Medical Service Ass’n of Pennsylvania, 11 Pa. D. and C. 3d 699 (1978); Westmoreland Hospital Ass’n. v. Blue Cross of Western Pennsylvania, 605 F.2d 119 (3d Cir. 1979); Pennsylvania Dental Association v. Medical Service Association of Pennsylvania, 815 F.2d 270 (3d Cir. 1987), rev’g, 632 F.Supp. 633 (M.D. Pa. 1986), cert. denied, 484 U.S. 851 (1987); Pennsylvania Dental Association v. Medical Service Association of Pennsylvania, 745 F.2d 248 (3d Cir. 1984), aff’g, 574 F.Supp. 457 (M.D. Pa. 1983), cert. denied, 471 U.S. 1016 (1985); Harrison Township Water Authority v. Township of Harrison, 141 P.L.J. 175 (1993); Pennsylvania Psychiatric Society v. Green Spring Health Services, Inc., 2000 W.L. 33365907 (W.D. Pa. 2000) (No. CIV. A. 99-937); Highmark Inc. v. Hospital Service Association of Northeastern Pennsylvania, 785 A.2d 93 (Pa. Super. 2001).
Employment Litigation
During late 1970s, successfully defended a series of race and sex discrimination class actions brought against a major Pittsburgh corporation.
Represented clients before federal EEOC and Pennsylvania Human Relations Commission.
Successfully defended sexual harrassment and wrongful discharge claims against corporate employers.
ERISA Litigation
Represented a national health plan administrator against ERISA claims for breach of fiduciary duty in the administration of a major airline’s national employees’ self-insured health care plans. After extensive pretrial discovery and motions practice, participated in a one day minitrial before a federal judge and senior executives of client health plan administrator and airline which led to reasonable compromise settlement.
Public Finance and Public Finance Litigation
Listed in Bond Buyer’s Redbook of Municipal Bond Attorneys for more than 35 years.
Presented at Public Finance Public Hearings before Treasury Department and Internal Revenue Service on topic of "On Behalf of" regulation promulgation.
Served as bond counsel, underwriter’s counsel and special counsel in connection with original issue financings and refundings for local government units, municipal authorities and state authorities.
On behalf of county commissioners of a Pennsylvania county, successfully defended a challenge brought by a county controller attacking the legality of the county’s annual budget relating to public indebtedness legal issues.
Represented a series of municipal authorities defending attempted takeovers by their incorporating municipalities.
Lectured municipal authority solicitors on topic of municipal authority takeovers at a series of seminars before the Pennsylvania Municipal Authorities Association
Lectured at a Pennsylvania Association of Bond Lawyers Seminar on the topic of municipal authority takeovers.
Presenter/Lecturer at Pennsylvania Finance Authority seminars.
Represented numerous public bodies, defending against challenges to bond issues, before courts and state agencies.
Reported public finance-related decisions include: West Deer Civic Association v. West Deer Township, 75 Pa. D. and C. 2d 611 (1975); Harrison Township Water Authority v. Township of Harrison, 141 Pitts. L.J. 175 (1993).
