Matt Bergs

MATT BERGS focuses his practice on healthcare litigation and enforcement matters. Matt has significant experience defending healthcare and life sciences companies against litigation and investigations premised on violations of the False Claims Act and Anti-Kickback Statute. He also has experience litigating antitrust, deceptive trade practice, and privacy cases. Matt has successfully briefed numerous dispositive and discovery-related motions and has managed all aspects of discovery, including experts, depositions, and complex affirmative/defensive document discovery.

Matt graduated Order of the Coif and with highest distinction from the University of Iowa College of Law, simultaneously earning his Masters in Health Administration from the University of Iowa College of Public Health. While in law school, Matt served as the senior online editor for the Iowa Law Review. Matt received his B.A. in history and political science, summa cum laude, from Marquette University.

Prior to joining the firm, Matt clerked for the Hon. Michael J. Melloy of the United States Court of Appeals for the Eighth Circuit.

Representative matters handled by Matt include the following:

• Drug manufacturer in a False Claims Act suit alleging off-label promotion and kickbacks to patients and providers. Obtained dismissal of nationwide allegations, limiting the case to one state.
• Health care provider in a False Claims Act investigation alleging violations of the Anti-Kickback Statute through a variety of arrangements including commercial transactions, management fees, and co-pay waivers.
• E-commerce platform in a DOJ Controlled Substances Act investigation alleging violations of the Controlled Substance Act’s civil provisions.
• Dental insurance providers in a putative antitrust class action alleging unlawful market division and price fixing.
• Obtained dismissal of a putative class action alleging unreasonable billing for clinical laboratory services.
• Obtained dismissal of a putative class action alleging various consumer data privacy violations against a global pharmacy chain.