Cliff Katz is an associate in the firm's New York office. He focuses his practice on complex commercial litigation in state and federal trial and appellate courts. Among the clients Mr. Katz has represented are pharmaceutical manufacturers, insurers, financial institutions, and security companies. He has significant experience with federal and state false claims acts, consumer protection laws, and Medicaid and Medicare issues affecting the health care sector. Mr. Katz is also familiar with a variety of legal issues facing the life insurance industry.
Mr. Katz is editor of and contributor to the Kelley Drye blog FCA Alert: Guidance on Emerging Trends in False Claims Act Investigations and Litigation.
Representative Experience
Representing multinational pharmaceutical manufacturers in numerous federal and state actions across the country concerning alleged violations of federal and state false claims acts, state consumer protection and deceptive trade practices acts, false advertising acts, and common law fraud in connection with the Medicaid and Medicare programs. These actions have included qui tam litigation, class action litigation, and cases brought by the United States Department of Justice and state Attorneys General. In these actions, Mr. Katz has taken and defended more than 75 depositions of qui tam relators, federal Medicare and Medicaid officials, state agency officials from more than a dozen states, present and former pharmaceutical company employees, wholesalers, pharmacies, pharmacy associations, pharmaceutical industry publishers, Medicaid fiscal agents, and industry consultants.
Representing a national life insurance company in a variety of actions alleging fraud, breach of contract and negligence, and seeking declaratory judgments.
Representing multinational generic pharmaceutical manufacturers in Hatch-Waxman litigation and appeals, including the following cases: Orexo AB v. Mylan Inc. (D.N.J.) (zolpidem) and Shionogi, Inc. v. Lupin Pharmaceuticals (D. Del.) (metformin).
Represented life insurance trade association as amicus curiae in the Delaware Supreme Court. Assisted life insurance companies in obtaining decision by Delaware Supreme Court holding stranger-originated life insurance (STOLI) illegal and against public policy and permitting life insurance companies to challenge STOLI policies as void ab initio after the expiration of the two-year statutory contestability period.
Assisted in successfully defending a major alarm service company in actions seeking damages for losses sustained as the result of the alarm company's alleged gross negligence and breach of contract.
Part of the team that prosecuted claims for approximately $1.2 billion on behalf of JPMorgan Chase Bank against 11 insurance companies over surety bonds written in connection with transactions that the bank entered into with Enron Corp. A favorable settlement was achieved after closing arguments following a month-long trial.
Memberships & Associations
American Bar Association, Health Law and Litigation Sections
Community Activities
Advisor to the Board of Directors, A Foundation Building Strength
