Litigation
 
  Health
 
Bill Berlin handles litigation and health law at Ober|Kaler.  

    

William E. Berlin
Principal
  weberlin@ober.com
202-326-5011
202-336-5211 fax
Contact Bill BerlinDownload vCard
 
  Experience  

Bill is a principal in the Washington, D.C., office where he devotes his practice to antitrust litigation and counseling, representing hospitals, health systems, health insurance plans, physicians, and other healthcare entities. His practice focuses primarily on representing clients in private treble-damage litigation and also in United States Department of Justice Antitrust Division, Federal Trade Commission and state antitrust enforcement agency actions involving exclusionary conduct by dominant firms, mergers, and contracting provisions or other collaborative activity between hospitals, physicians and health plans. Bill's private and government agency litigation frequently requires managing complex procedural issues, including large-scale electronic document discovery. In addition, Bill serves as an arbitrator or mediator in antitrust and other disputes between healthcare entities.

Formerly a Trial Attorney with the Health Care Task Force and later the Litigation I Section of the Antitrust Division, Bill has extensive experience leading investigations and litigation of both merger and non-merger civil antitrust cases in healthcare and other market sectors including the Antitrust Division's successful five-year litigation and trial in U.S. v. Dentsply International, Inc. He also managed the Joint DOJ/FTC Hearings on Healthcare and Competition Law and Policy in 2003 on behalf of the Department of Justice and was a moderator for several sessions during the Hearings.

Bill was selected by Nightingale's Healthcare News as one of ten "Outstanding Healthcare Antitrust Lawyers" for 2008. He is a frequent guest speaker at health care association conferences and meetings.

 
 
    Representative Cases

Successfully obtained dismissal for a general acute-care hospital in a suit alleging antitrust claims based on revoking the privileges of physician-investors in a specialty hospital, and payor contracting. LRCC v. Baptist Health, 573 F.Supp.2d 1125 (E.D. Ark., 2008).

Successfully obtained summary judgment on behalf of a physician-owned specialty hospital in an antitrust suit involving termination of physician's hospital privileges. Schwartz v. Teuber, (S. Dakota Cir. Ct., 2008).

Successfully obtained summary judgment for American Urological Association in antitrust action involving allegations of standard-setting to exclude plaintiff's product. Neotonus, Inc. v. American Medical Association and American Urological Association, 554 F.Supp.2d 1368 (N.D. Ga., 2007), aff'd per curiam, 270 Fed. Appx 813 (11th Cir. 2008).

Successfully obtained dismissal for long term care pharmacy provider in a suit alleging claims under the Medicare Secondary Payer statute. Stalley v. Genesis Healthcare Corp. and Omnicare, Inc. (E.D. Pa. 2007).

Successfully obtained summary judgment for HMO in antitrust suit challenging provider contracting. Open MRI v. HPUOV, Inc., (W.Va. Cir. Ct. 2005; W. Va. Supreme Ct. 2006).

As lead counsel for the Antitrust Division, successfully obtained judgment enjoining the use of exclusionary practices by a dominant medical supplies manufacturer. U.S. v. Dentsply International, Inc. (D. Del. 2003), 399 F.3d 181 (3d. Cir. 2005).

Other litigated Antitrust Division cases:
U.S. v. UPM-Kymmene (N.D. Ill. 2003)

U.S. v. Long Island Jewish Medical Center (E.D. N.Y. 1997)

U.S. v. Delta Dental of Rhode Island (D. R.I. 1997)

U.S. v. Association of Family Practice Residency Directors (W.D. Missouri 1996)

 
 
    Admitted

Court of Appeals of the District of Columbia

Supreme Court of Virginia

United States Courts of Appeals for the Fourth, Sixth and Seventh Circuits

United States District Courts for the District of Columbia and Eastern District of Virginia

Various other federal and state courts pro hac vice

 
 
  Education

University of Virginia School of Law, J.D., 1988

Lile Moot Court Board, 1987-1988
Criminal Practice Clinic, 1988

Virginia Polytechnic Institute and State University, B.A., cum laude, 1985

Phi Alpha Theta
Legal Aid Society of the New River Valley, Inc., Intern, 1984-1985

 
 
   Professional & Community

American Bar Association

Antitrust Section
Healthcare Committee

American Health Lawyers Association

Antitrust Practice Group
Certified Arbitrator and Mediator, AHLA Alternative Dispute Resolution Service

Arlington Retirement Housing Corp.

Member and Secretary, Board Directors

Virginia State Bar

 
 
   Honoraries

Selected by Nightingale's Healthcare News as an "Outstanding Antitrust Lawyer - 2008"

 
 
   Publications & Presentations

Moderator, "What to Do When the Antitrust Enforcers Come Calling," Antitrust and In-House Counsel Practice Groups, American Health Lawyers Association, 2009

Author and presenter, "Antitrust Implications of Competition Between Physician-Owned Facilities and General Hospitals: Competition or Exclusion," American Bar Association, Health Law Section, Washington Healthcare Summit, 2007; republished in The Health Lawyer, 2008; republished in Antitrust Health Care Chronicle, American Bar Association, Antitrust Section, 2008; republished in Health Law Alert

Contributor, "7 Physician Fee Myths," DecisionHealth White Paper, 2008

Author and presenter, "General Hospitals' Response to Physician-Owned Specialty Facilities: Competition or Exclusion," American Health Lawyers Association and American Bar Association, Antitrust Section, Antitrust in Healthcare, 2007

Presenter, "Antitrust Trends, Threats, and Risk," HRH Managed Care Organization Roundtable, 2006

Co-author with Christi J. Braun and James B. Wieland, "Two Recent Decisions Regarding Antitrust and IPA Contracting: Further Guidance for Radiology Practices or Further Questions?" RBMA Bulletin, 2006; republished in Health Law Alert, 2006

Co-author with Christi J. Braun, "Efficiencies and Justifications for Physician Network Joint Contracting: The FTC's North Texas Specialty Physicians Opinion and Advocate Healthcare Arbitration Decision," Health Lawyers News, American Health Lawyers Association, 2006; republished in Health Law Alert, 2006

Co-author with Christi J. Braun, "Comparing and Contrasting the FTC's North Texas Specialty Physicians Opinion with the Advocate Arbitration Decision," Antitrust Health Care Chronicle, American Bar Association, Antitrust Section, Health Care Committee, 2006

Author and Presenter, "Full System Forcing: Business As Usual or Antitrust Time Bomb?" American Health Lawyers Association, Hospitals and Health Systems Institute; republished in American Bar Association, Antitrust Section, Healthcare Industry Committee, Antitrust Healthcare Chronicle, 2005; republished in Health Law Alert, 2006

Author, "'Improving Health Care: A Dose of Competition' The July 2004 Joint DOJ/FTC Antitrust in Healthcare Report's Practical Implications for Hospitals and Physicians," Health Lawyers News (American Health Lawyers Association); republished in Health Lawyers Weekly (American Health Lawyers Association); and Health Law Alert, 2005

Co-author with James B. Wieland, "The Federal Antitrust Enforcers' Latest Report: Implications for Radiology Practices," Radiology Business Management Association Bulletin, 2005

Presenter, "Antitrust Laws: Tightening the Noose on Physicians and Hospitals," 26th Annual Health Law Forum, East Carolina University, Brody School of Medicine, 2004

Presenter, "Antitrust and Anesthesiology Practices," Anesthesia Billing and Management Seminar, University of Chicago, 2004

Author, "Member Surveys — Beware of Antitrust Pitfalls," Nonprofits Legal Update, 2004

Co-author with James B. Wieland, "How Can They Do That? Hospitals' Exclusion of Physicians Who Affiliate With Competitors," Radiology Business Management Association Bulletin, 2004

Author and Presenter, "Antitrust Issues Affecting Physicians Today," American Health Lawyers Association Physicians and Physicians Organizations Institute, 2004 (republished in Health Lawyers Weekly, 2004)

Co-author with James B. Wieland, "Sharing Health Plan Reimbursement Information: Have the Standards Changed," Radiology Business Management Association Bulletin, 2004

Moderator, "Physician Information Sharing," Joint FTC/DOJ Hearings on Health Care and Competition Law and Policy, 2003

Moderator, "Health Insurance/Providers — Countervailing Market Power," Joint FTC/DOJ Hearings on Health Care and Competition Law and Policy, 2003

Moderator, "Health Insurance Monopoly Issues — Market Definition," Joint FTC/DOJ Hearings on Health Care and Competition Law and Policy, 2003

Moderator, "Single Specialty Hospitals," Joint FTC/DOJ Hearings on Health Care and Competition Law and Policy, 2003

 
 
   Professional Background

United States Department of Justice, Health Care Task Force & Litigation 1 Section, Trial Attorney