Joseph FriedmanJoseph Friedman Clark Hill
Joseph Friedman is Leader of the firm's Managed Care Litigation practice. He is part of the firm’s Insurance and Reinsurance Practice Group and is adjunct to the firm's Litigation Practice Group. He has extensive trial and litigation experience in state and federal trial and appellate courts. He has extensive experience representing business organizations, including clients in the health insurance industry, professional and institutional healthcare providers and durable medical equipment organizations. He has tried antitrust, ERISA, intellectual property, trade secret, health care, insurance industry, bankruptcy, employment, business, and commercial litigation cases. Joseph has also represented clients in RICO, class action, patent infringement and public finance-related matters. Many of the cases in which he served as lead counsel are reported decisions. Joseph’s experience includes alternate dispute resolution mechanisms including mediation, arbitration and mini-trials. Joseph is a neutral on both the American Arbitration Association’s Commercial Panel of Neutrals and the American Health Lawyers Association’s panel of Arbitrators and has arbitrated numerous disputes in state court statutory arbitration proceedings. In previous years and this year, Joseph was named a Pennsylvania Super Lawyer, an honor bestowed upon the top five percent of Pennsylvania lawyers.
Publications / Presentations
- Co-Author, "Managed Care Litigation and The Affordable Care Act,” GPSolo Magazine (ABA) (March/April 2015).
- Co-Author, "A Crystal Ball: Managed Care Litigation in Light of the Patient Protection and Affordable Care Act," The Health Lawyer, December 2014.
- Presenter, “Managing the Class Action Minefield: Developing Strategies to Combat the Explosion of Medical Necessity, Mental Health Parity and Eating Disorder Lawsuits,” American Conference Institute’s 5th Advanced Forum on Managed Care Disputes & Litigation, May 2014.
- Presenter, “Preparing for an Uptick in Litigation in Light of Healthcare Reform Implementation,” American Health Lawyers Association Institute for Health Plan Counsel, April 2014.
- “Affordable Care Act’s Medical Loss Ratio Provision: Is There A Private Right Of Action?” Communiqué, November 2012.
- “Health Plans’ Commercial Uncertainties Persist After Supreme Court’s Decision Upholding the Affordable Care Act’s Constitutionality,” Communiqué, August 2012.
- Presenter, “Managed Care Disputes and Litigation,” American Conference Institute, May 2012.
- "What Every IP Litigation Trial Team Needs: An Experienced Commercial Trial Lawyer," West Law Journal Intellectual Property, June 2010.
- “Act 38 Does Not Affect A Chiropractor‘s Statutory Right To Delegate Certain Services,” Communiqué, October 2008.
- "A Victory for Antitrust Plaintiffs: The Third Circuit Issues a Decision Limiting the Plaintiff’s Burden in Robinson-Patman Act Claims," Communiqué, October 2007.
- "Thinking Outside the Jail Cell: Pennsylvania Counties’ Opportunity to Save Taxpayer Dollars Through Out–Sourcing Jail Operations,"Communiqué, August 2007.
- “Responding to GIC Investigations,” Communiqué, February 2005.
- Former Editor, Courts and Administrative Offices Manual, Allegheny County Bar Association
- Lecturer at Anti-Defamation League Diversity Training Seminars
Antitrust and Trade Regulation - Counseled business organizations on applicability of antitrust laws.
Managed Care and Health Care Industry Litigation - Practiced before state and federal agencies and the courts relating to Medicare and Medicaid reimbursement issues.
Managed Care and Health Care Industry Litigation - Represented durable medical equipment vendors and professional and institutional providers in a variety of settings, including peer review, professional staff committees, regulatory agencies and the courts.
Health Care Industry Litigation - Participated and litigated in several federal bankruptcy and state court receivership proceedings of hospitals.
Managed Care and Health Care Industry Litigation - Litigated issues related to institutional providers’ Medicaid cost reports.
Managed Care and Health Care Industry Litigation - Litigated provider participation status under the Medicare program.
Managed Care and Health Care Industry Litigation - Represented health insurers in antitrust, bankruptcy and creditor’s rights, professional association, class action, contract, employee benefits, ERISA, employment, fraud, managed care, insurance industry regulatory, RICO and miscellaneous tort litigation.
Antitrust and Trade Regulation - Reported antitrust decisions include the following: Pennsylvania Dental Association v. Medical Service Association of Pennsylvania, 815 F.2d 270 (3d Cir. 1987), rev’g, 632 F.Supp. 653 (M.D. Pa. 1986), cert denied, 484 U.S. 851 (1987); Pennsylvania Dental Association v. Medical Service Association of Pennsylvania, 745 F.2d 248 (3d Cir. 1984), aff’g, 574 F.Supp. 457 (M.D. Pa. 1983), cert. denied, 471 U.S. 1060 (1985).
Public Finance and Public Finance Litigation - Served as bond counsel, underwriter’s counsel and special counsel in connection with original issue financings and refundings for local government units, municipal authorities and state authorities.
Public Finance and Public Finance Litigation - Presenter/Lecturer at Pennsylvania Finance Authority seminars.
Public Finance and Public Finance Litigation - Lectured municipal authority solicitors on topic of municipal authority takeovers at a series of seminars before the Pennsylvania Municipal Authorities Association
Managed Care and Health Care Industry Litigation - Conducted corporate internal investigations and antitrust audits of participants in the health insurance industry.
Managed Care and Health Care Industry Litigation - Represented a Medicare Part A Intermediary in administrative proceedings before the Provider Reimbursement Review Board and in subsequent court challenges.
Litigation - Extensive RICO litigation experience.
Litigation - Extensive litigation and trial experience in state and federal courts in Pennsylvania, Ohio, West Virginia, New York, Oregon and Illinois.
Intellectual Property Litigation - Successfully defended intellectual property/trade secret claims on behalf of high-tech start-up company.
Patent Litigation - Representation of clients in Patent Litigation.
Insurance Industry Regulation - Represented insurance companies on regulatory matters before the Pennsylvania and out-of-state Insurance Departments.
Franchise Law and Litigation - Successfully defended franchisor against litigation brought by Pennsylvania Attorney General for alleged violations of the Consumer Protection Act.
Bankruptcy and Financial Restructuring Litigation - Reported bankruptcy-related decisions include the following: In re Monsour Medical Center, 11 B.R. 1014 (Bankr. W.D. Pa. 1981), aff’g, 8 B.R. 606 (Bankr W.D. 1981); In re Grimes Furniture, Inc., 47 B.R. 68, 12 Collier Bankr. Cas. 2d 193 (Bankr. W.D. Pa. 1985); In re Chateaugay Corp. 86 B.R. 40 (Bankr. S. D. N. Y 1988); In re I.D. Craig Service Corp. No. 89-00640, 1993 Bankr. Lexis 886 (Bankr. W.D. Pa. 1993); In re I.D. Craig Service Corp. 125 B.R. 453 (Bankr. W.D. Pa. 1991); In re I.D. Craig Service Corp. 118 B.R. 335, 20 Bankr. Ct. Dec. 1597 (Bankr. W.D. Pa. 1990); In re Clark Grind & Polish, Inc. 137 B.R. 172 (Bankr. W.D. Pa._1992) In re Passodelis, 234 B.R. 52, 41 Collier Bankr. Cas. 2d 1757 (Bankr. W.D. Pa. 1999).
Antitrust and Trade Regulation - Lead Counsel in an antitrust case which successfully put an end to a decade’s long boycott against one of the largest dental insurers in the country.
Public Finance and Public Finance Litigation - Presented at Public Finance Public Hearings before Treasury Department and Internal Revenue Service on topic of "On Behalf of" regulation promulgation.
Managed Care and Health Care Industry Litigation - Counseled clients and litigated third party reimbursement and accounting for reimbursement issues.
Antitrust and Trade Regulation - Antitrust litigation experience includes representing clients in the insurance, health care, soft drink, construction, manufacturing, hardware and building materials industries.
Public Finance and Public Finance Litigation - On behalf of county commissioners of a Pennsylvania county, successfully defended a challenge brought by a county controller attacking the legality of the county’s annual budget relating to public indebtedness legal issues.
Managed Care and Health Care Industry Litigation - Successfully defended a major health insurer’s reimbursement mechanism for anesthesiologists and nurse anesthetists.
Litigation - Reported decisions include: Goodwin v. Hartford Life Insurance Company, 491 F.2d 332 (3d Cir. 1974); West Deer Civic Association v. West Deer Township, 75 Pa. D.&C. 2d 611 (1975); Coles v. Blue Cross of Western Pennsylvania, No. 76-1097 1977 U.S. Dist. LEXIS 12141 (W.D. Pa. 1977); Coles v. Marsh, 560 F.2d 186, (3rd. Cir. 1977) cert. denied, 434 U.S. 986 (1977); Stark Dental Associates, P.C. v. Medical Service Ass’n of Pennsylvania, 11 Pa. D. and C. 3d 699 (1978); Bigley v. Flaherty 372 A. 2d 408 (Pa. Supreme Ct. 1977); Westmoreland Hospital Ass’n. v. Blue Cross of Western Pennsylvania, 605 F.2d 119 (3d Cir. 1979); Pennsylvania Dental Association v. Medical Service Association of Pennsylvania, 815 F.2d 270 (3d Cir. 1987), rev’g, 632 F.Supp. 633 (M.D. Pa. 1986), cert. denied, 484 U.S. 851 (1987); Pennsylvania Dental Association v. Medical Service Association of Pennsylvania, 745 F.2d 248 (3d Cir. 1984), aff’g, 574 F.Supp. 457 (M.D. Pa. 1983), cert. denied, 471 U.S. 1016 (1985); Harrison
Litigation - Extensive experience representing insurers in coverage disputes before state insurance departments, state boards and agencies, and the courts.
Intellectual Property Litigation - Represented major health insurance company in suit to compel private arbitration of dispute under Trademark Act and alleged breach of fiduciary duty regarding alleged diversion of managed care business and use of famous trademark in connection with alleged diversion.
Insurance Industry Regulation - Represented insurers in litigation under the Commonwealth Court’s original jurisdiction and the Pennsylvania Supreme Court’s appellate jurisdiction pertaining to issues relating to Pennsylvania Insurance Department oversight and regulation of insurance companies.
Franchise Law and Litigation - Negotiated terms of franchise agreements.
Franchise Law and Litigation - Litigated franchisees’ rights against franchisor.
Franchise Law and Litigation - Litigated/defended franchisor in suit brought against the franchisor by franchisee for alleged breach/violation of the applicable franchise agreement.
Employment Litigation - Represented clients before federal EEOC and Pennsylvania Human Relations Commission.
Employment Litigation - During late 1970s, successfully defended a series of race and sex discrimination class actions brought against a major Pittsburgh corporation.
White Collar Criminal Defense/Internal Investigations - Conducted corporate internal investigations on behalf of audit committees of boards of directors of publicly-traded corporations and insurance companies.
Public Finance and Public Finance Litigation - Represented numerous public bodies, defending against challenges to bond issues, before courts and state agencies.
Public Finance and Public Finance Litigation - Represented bond trustees in default settings including the bankruptcy of obligor of debt service requirements under bond issues.
Managed Care and Health Care Industry Litigation - Counseled clients and litigated issues related to third party administration and self-insured health plans.
Litigation - Successfully defended a local manufacturer against out-of-state trade secret claims brought by a multi-national conglomerate which could have crippled, if not destroyed, the local manufacturer.
Insurance Industry Regulation - Counseled insurers relating to contract and rate filings with the Pennsylvania Insurance Department.
Insurance Industry Regulation - Successfully deflected an attempted hostile takeover of a domestic insurer by an out-of-state insurance company in proceedings before the Pennsylvania Insurance Department.
Franchise Law and Litigation - Pursued franchisor's rights against franchisee.
Franchise Law and Litigation - Litigated antitrust claims against franchisors.
Bankruptcy and Financial Restructuring Litigation - Tried/argued bankruptcy cases on behalf of creditors in U.S. District Courts in the Western, Middle and Eastern Districts of Pennsylvania; Southern District of New York; Northern District of Illinois; and Second and Third Circuit United States Courts of Appeal.
Bankruptcy and Financial Restructuring Litigation - Enforced rights of creditor corporations and other business organizations with respect to federal bankruptcy and state insolvency/receivership proceedings in Bankruptcy Courts, United States District Courts, United States Courts of Appeals, and state courts in various regions of the country.
Managed Care and Health Care Industry Litigation - Litigated claims resulting from patterns of practice and utilization review of professional providers.
Litigation - During 1990s, obtained a nominal damage jury verdict in a multi-million dollar case against the third largest hardware cooperative in the nation, in which a midwestern bank brought claims of tortious interference and conversion.
Litigation - Represented major health insurance company for more than three decades against numerous court challenges.
Insurance Industry Regulation - Represented insurers in matters relating to the licensing of insurance agents.
Insurance Industry Regulation - Represented insurers at hearings before the Pennsylvania Insurance Department.
Antitrust and Trade Regulation - Represented corporations and other business organizations in numerous complex antitrust cases at the trial and appellate levels.
Employment Litigation - Successfully defended sexual harassment and wrongful discharge claims against corporate employers.
Bankruptcy and Financial Restructuring Litigation - Represented bond trustee in bankruptcy of debt service obligor.
Public Finance and Public Finance Litigation - Listed in Bond Buyer’s Redbook of Municipal Bond Attorneys for more than 40 years.
Public Finance and Public Finance Litigation - Represented a series of municipal authorities defending and successfully deflecting attempted takeovers by their incorporating municipalities.
Public Finance and Public Finance Litigation - Lectured at a Pennsylvania Association of Bond Lawyers Seminar on the topic of municipal authority takeovers.
Public Finance and Public Finance Litigation - Reported public finance-related decisions include: West Deer Civic Association v. West Deer Township, 75 Pa. D. and C. 2d 611 (1975); Harrison Township Water Authority v. Township of Harrison, 141 Pitts. L.J. 175 (1993).
ERISA Litigation - Represented a national health plan administrator against ERISA claims for breach of fiduciary duty in the administration of a major airline’s national employees’ self-insured health care plans. After extensive pretrial discovery and motions practice, participated in a one day minitrial before a federal judge and senior executives of client health plan administrator and airline which led to reasonable compromise settlement.