Timothy H. Gray

Representative Experience

• Representative Appellate Matters

• Member of appellate team that defended, in partnership with State Attorney General’s Office, two State laws regulating pharmacy benefit managers (PBMs), which PBMs contended were preempted by ERISA and Medicare Part D. Won U.S. Supreme Court vacatur of adverse ruling from the U.S. Court of Appeals for the Eighth Circuit; subsequently persuaded Eighth Circuit on remand to reject all ERISA challenges and to preserve all provisions of the law except those displaced by intervening changes to Medicare standards.
• Member of team that won appeal on behalf of IT company in the U.S. Court of Appeals for the Federal Circuit, convincing court to reverse the PTAB’s judgment that crucial telecommunications patents were invalid.
• Helped obtain rare interlocutory appellate review of class certification in the U.S. Court of Appeals for the Ninth Circuit on behalf of prominent purveyor of shipping supplies.
• Defended dismissal of putative securities class action in the U.S. Court of Appeals for the Third Circuit on behalf of leading bio-pharmaceutical company accused of concealing and misrepresenting results of drug trials.
• Defended on appeal to Southern District of New York a bankruptcy court’s record contempt sanction award to client telecommunications provider arising from competitor’s automatic stay violation.

• Other Representative Matters

• Represented manufacturer of sophisticated medical testing assay in false advertising litigation through case-dispositive motion practice, trial, and post-trial proceedings.
• Represented health care professionals and practices in connection with federal Anti-Kickback Statute investigations.
• Chief author of briefing that helped win dismissal of Maryland state action seeking judicial ruling that client medical practices’ structures were unlawful.