Joseph R. Dosch

JOE DOSCH focuses his practice on commercial litigation and white collar investigations, with a particular emphasis on health insurance and managed care litigation and False Claims Act investigations and litigation. Joe also represents clients in a diverse range of civil litigation at the trial and appellate levels in state and federal courts, including insurance and financial services class actions, ERISA class actions, and matters involving breach of contract, business torts, and breach of fiduciary duty. Joe’s clients include leading health insurers, medical device manufacturers, and financial services providers, among others. 

Joe graduated cum laude from Harvard Law School, where he served as an executive editor of the Harvard Journal of Law & Public Policy. He received his B.A., magna cum laude, from the University of Notre Dame.

Joe is an active participant in the firm’s pro bono efforts. He regularly represents clients on a pro bono basis in civil and criminal matters in state and federal courts and administrative agencies, including veterans seeking disability benefits and assistance with discharge issues. Active in his community, Joe is a member of the Board of Directors of the Center for Conflict Resolution.

Selected health insurance and managed care litigation:

• A health insurer in a putative class action relating to out-of-network coverage and claims processing disputes.
• A health insurer in commercial litigation and an adversary action arising out of a hospital bankruptcy.
• A Medicaid Managed Care Organization in a putative class action relating to appeal process.
• A health insurer in a putative class action relating to air ambulance coverage. Summary judgment granted in favor of client and affirmed on appeal.

Selected False Claims Act and Anti-Kickback Statute litigation and investigations include representing:

• A medical device manufacturer in a government investigation regarding alleged violations of the Anti-Kickback Statute and False Claims Act, and in resulting Corporate Integrity Agreement negotiations with HHS OIG.
• A therapeutic biologics company in False Claims Act litigation concerning patient assistance programs.
• Multiple healthcare companies, including medical device manufacturers, pharmaceutical companies and clinical laboratory companies, in response to government investigations involving potential violations of the Anti-Kickback Statute or False Claims Act.
• A medical device manufacturer against allegations of unfair trade practices based upon alleged violations of the Anti-Kickback Statute.

Selected financial services litigation include representing:

• A money transfer company in a putative class action relating to unclaimed money transfers. Successfully defeated motion for class certification.
• A money transfer company in a putative RICO class action following the company’s entry into a deferred prosecution agreement. Case dismissed following successful motion to compel individual arbitration.
• Multiple life insurance companies in putative class action matters challenging cost of insurance rate calculations.
• A financial advisory firm in an ERISA class action challenging advice provided to a 403(b) plan sponsor. Summary judgment granted in favor of client and affirmed on appeal.

Other selected complex commercial litigation and white collar matters include representing:

• Managers of a Delaware LLC at trial and on appeal in breach of contract and breach of fiduciary action relating to buyout of minority unitholders.
• A limited partnership and its general partner in a breach of contract and breach of fiduciary duty action relating to the valuation of partnership units, resulting in a complete defense verdict entered in favor of client following a bench trial.
• Elaine Wynn in litigation against Steve Wynn and Wynn Resorts, Ltd. alleging breach of a shareholder agreement, breach of fiduciary duty, as well as other business tort claims (Elaine Wynn v. Wynn Resorts, Ltd., Clark County Nevada).
• A contract sterilizer of medical devices in mass tort litigation.
• A foreign bank in a breach of contract action, resulting in a multi-million dollar judgment in favor of the bank following a bench trial, which was affirmed on appeal.
• A national professional association in multiple disputes relating to accreditation of professional schools.
• A publicly traded energy company in a criminal antitrust investigation.
• A Fortune 500 medical device manufacturer and its officers in a securities fraud class action lawsuit brought under Section 10(b) of the Securities Exchange Act of 1934.