About Dan Barnowski

Health care providers nationwide rely on Dan Barnowski to defend them against allegations of impropriety, whether raised in a government investigation, litigation or another dispute. He has represented clients across the health care industry, including hospitals, university systems, pharmacies, trade associations, physicians' groups and staffing companies in disputes involving claims of intentional wrongdoing, including fraud and abuse. His thorough grasp of the regulatory regimes in which health care companies operate is an asset to clients in responding to inquiries and disputes.

An experienced trial attorney

Dan is a seasoned courtroom lawyer, having prosecuted and defended numerous cases in both federal and state court. He has taken numerous trials to verdict, has argued appeals in several circuit courts of appeal and state supreme courts, and has argued more than 100 ALJ recoupment hearings.

Dan has compiled an impressive track record in the courtroom. He served as litigation counsel for the City of Detroit Committee of Retired Workers, the city's largest creditor, in the largest municipal bankruptcy in US history. In that action, he helped shield retired city workers from a proposal to slash multiple billions in unpaid pension obligations and post-employment health benefits. In other matters, he has won jury trials and directed verdicts in cases involving claims of retaliation and intentional wrongdoing. He has prevailed in more than 95% of the more-than 5000 ALJ Medicare claim recoupment actions he has handled. And he has convinced the government not to intervene in a number of qui tam suits, including claims against hospitals, university health centers, physician groups, dental clinics, pharmacy chains and others.

Litigation is often an option of last resort. In those instances, Dan's clients value his ability to work with government officials or adversaries to address allegations against his clients and, where necessary, implement solutions. His ability to collaborate effectively with others, including the government, can go a long way toward resolving disputes in a cost-effective manner.

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Practice Focus

  • Litigation and other disputes involving allegations of health care fraud and abuse under the False Claims Act, Stark Law and Anti-Kickback Statute
  • Defending companies in government investigations and proceedings
  • Representing employers in whistleblower actions and against claims of retaliation
  • Internal investigations
  • Contract disputes
  • ALJ recoupment proceedings

Representative Experience

  • Litigation counsel for one of the City of Detroit's largest creditors in the largest municipal bankruptcy in US history.  *
  • Lead counsel for multiple health care systems and hospitals in False Claims Act cases alleging violations of the Stark Law, the Anti-Kickback Statute, the False Claims Act and other federal statutes. Obtained numerous dismissals at the initial pleadings stages. Defeated certiorari petition to the US Supreme Court in one such dismissal.  *
  • Lead counsel for a foreign government in a breach of contract claim brought by a former citizen and alleged whistleblower. Obtained dismissal under the US Foreign Sovereign Immunities Act and defeated a petition to the US Supreme Court for a writ of certiorari.  *
  • Lead counsel to an insurance company in prosecution of breach of contract and fraud claims against former pharmacy benefits manager. Obtained highly favorable settlement.  *
  • Lead counsel for one of the United States' largest portable x-ray providers in dozens of administrative law tribunal hearings before the Office of Medicare Hearings and Appeals. Obtained reversal of thousands of denied Medicare claims based on a retroactive change in the law by CMS.  *
  • Litigation counsel for a dental clinic management company in a number of matters, including obtaining injunctive relief against contract partners and preventing the forced disclosure of the company's privileged materials by interlocutory appeal.  *
  • Represented major insurance company in several fraud-based actions, totaling US$500 million, brought in three federal district courts, a state court, a bankruptcy court and the US Court of Appeals for the Third Circuit. All actions arose out of alleged fraud in the generation/sale of student loans and the procurement of insurance on the loans. The cases ended favorably for the client. The lead perpetrator of the fraud was convicted for his untruthful testimony in the course of the cases and his efforts to conceal what became of the company's money.  *
  • Represented an insurance company in a two-month, US$15 billion fraud case in federal court in Miami. Obtained complete defense verdict.  *
  • Counsel for an international social services organization in a US$100+ million RICO and common law fraud jury trial. Obtained a directed verdict.  *
  • Lead counsel for a television station in a week-long trial in Texas involving a TV ratings system. *
  • Represented an insurance company as employer in a two-week whistleblower jury trial in Florida. Obtained directed verdict for the client.  *
  • Lead litigation counsel in numerous contested electricity rate proceedings and FERC hearings.  *
* Experience prior to Katten