About Eric T. Gortner

Health care fraud can be a substantial drain on an insurer's business. Eric Gortner helps insurance companies identify and combat fraud around the country by investigating and identifying fraudulent trends and pursuing the claims in court. For years, Eric has brought and tried fraud and RICO cases, obtaining recoveries for his clients, and he brings that experience to bear on his clients’ most complex investigations and litigation.

Complex litigation and investigations for insurance carriers

As deputy chair of the Insurance and Health Care Fraud Litigation practice, Eric represents large insurance carriers in health care fraud and affirmative RICO litigation involving fraudulent insurance claims in numerous jurisdictions across the country. He advises insurers on how to investigate and identify fraudulent claims, as well as recovery strategies, including affirmative litigation. Eric also has extensive experience representing clients in False Claims Act (qui tam) litigation involving health care fraud allegations relating to pharmaceutical pricing, off-label marketing and alleged false claims paid by Medicare, Medicaid, Veterans Administration and other federal health care programs. He has also represented health care companies relating to federal and state government investigations.

Earlier in his career, Eric served as a law clerk to the Honorable Judge Harry D. Leinenweber of the US District Court for the Northern District of Illinois and the Honorable Judge Ann C. Williams of the US Court of Appeals for the Seventh Circuit.

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Practice Focus

  • Health care fraud investigations and litigation
  • RICO and False Claims Act litigation
  • Class actions
  • Government investigations and enforcement actions
  • Commercial litigation, including false advertising, unfair business practices, consumer deception and securities fraud claims

Representative Experience

  • Defend large utility company in securities fraud and putative class actions.
  • National defense counsel for nationwide federal and state False Claims Act qui tam litigation related to pharmaceutical product classifications and alleged false claims paid by state and federal health care programs.
  • Defense counsel in consumer class action alleging false advertising, unfair business practices and consumer deception.
  • Defend several pharmaceutical companies in nationwide federal and state False Claims Act qui tam litigation cases relating to off-label marketing and alleged false claims paid by Medicare, Medicaid, Veterans Administration and other federal health care programs.
  • Defend banking institutions in large-scale mortgage-backed securities litigation brought by federal agencies.
  • Defend health insurance organization in various state lawsuits by member hospital and provider groups alleging insurance regulation violations and breach of contract.