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 representing healthcare clients in private as well as government antitrust litigation, government investigations by the Antitrust Division of the United States Department of Justice, Federal Trade Commission, and state Attorneys General, and to antitrust counseling. He focuses on mergers, joint ventures, networks and other collaborative activity by hospitals, physicians and health plans, as well as companies outside of the healthcare arena, contracting provisions between those healthcare entities, exclusionary conduct by dominant firms, and professional association standard-setting.

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. As lead counsel in U.S. v. Dentsply International, Inc., Bill directed the Antitrust Division's successful five-year litigation challenging the use of exclusionary practices by a dominant medical supplies manufacturer, which presented complex and often novel procedural and evidentiary issues.

In addition to litigating Antitrust Division cases, Bill 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. He is a frequent guest speaker at health care association conferences and meetings.

 
 
    Representative Cases

Litigated cases:

U.S. v. Dentsply International, Inc. (D. Del. 2003; 3d. Cir. 2005)

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

Virginia State Bar

 
 
   Publications & Presentations

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 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 Jim 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 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

Presenter, "Antitrust Enforcement Initiatives in Healthcare," Federation of American Hospitals, 2003

Presenter, "Government Intervention vs. Market Based Solutions — Antitrust Implications for Healthcare," American Association of Health Plans, 2003

Presenter, "Use of Econometrics and other Empirical Methods in Antitrust Matters - Modeling and Estimation in a Civil Non-Merger Case," U.S. Department of Justice, Antitrust Division Training Program, 2001

Presenter, "Antitrust Issues Arising from Certification Requirements," American Health Lawyers Association, 1999

Presenter, "Insurance and Managed Care Organization Relationships with Providers," National Health Lawyers Association/American Academy of Health Attorneys, 1998

 
 
   Professional Background

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