STUART M. GERSON is a Member of the Firm in the Litigation and Health Care & Life Sciences practices, in the firm's Washington, DC, and New York offices. He concentrates on the defense of complex civil and criminal fraud cases, antitrust and securities cases, and class action litigation generally. Mr. Gerson has successfully tried many complex cases before judges and juries, and also has acted as settlement counsel, mediator, and arbitrator.
Mr. Gerson's fraud case experience is extensive in both private and public practice, and includes:
- Lead participation in most of the largest defense, health care and financial institution fraud actions brought by the government in the 1990's
- Current involvement in the defense of cases under the federal securities and antitrust laws, the False Claims Act (including the defense of qui tam cases) and anti-kickback laws, in cases related to trade secrets and the development of high technology, and in internal corporate compliance investigations on behalf of companies and their officers and directors.
Much of Mr. Gerson's practice is centered on representing companies involved in the health care industry, including insurers, hospitals, pharmaceutical manufacturers and managed care providers. His accomplishments in this area include:
- Won several recent qui tam cases on summary judgment
- Won at trial a significant hospital merger case against the Federal Trade Commission in which important efficiencies arguments were accepted for the first time by a federal district court
- Currently active in the defense of several of the largest health care fraud cases brought by the federal government.
Mr. Gerson also has litigated numerous antitrust and securities cases on behalf of investment banks, broker-dealers and insurance companies.
His experience in these matters include:
- Recently obtaining an important affirmance from the U.S. Court of Appeals for the Third Circuit in a complex antitrust matter involving an alleged price-fixing conspiracy in the bond industry
- Representing the broker of the World Trade Center property insurance program in ongoing 9/11 cases in the U.S. District Court for the Southern District of New York
- On behalf of a large investment bank, serving as a principal negotiator with the Antitrust Division in resolving the Justice Department's massive NASDAQ case
- Serving as lead counsel in the defense of a series of class action securities cases.
Mr. Gerson also currently is lead counsel in class action employment litigation. In addition, he litigates cases involving the protection of trade secrets and other intellectual property for manufacturers and financial services companies.
Mr. Gerson has a substantial appellate practice and is an active and successful practitioner before the U.S. Supreme Court and the 13 United States Circuit Courts of Appeals. He has litigated over 2,500 reported cases, including:
- InterVest, Inc. v. Bloomberg, L.P., 340 F.3d 144 (3d Cir. 2003)
- American Soc'y of Cataract & Refractive Surgery v. Thompson, 279 F.3d 447 (7th Cir. 2002)
- United States ex rel. Barmak v. Sutter Corp., No. 95 Civ. 7637, 2003 WL 21436213 (S.D.N.Y. June 29, 2003)
- United States ex rel. Woods v. Empire Blue Cross & Blue Shield, No. 99 Civ. 4968, 2002 WL 1905899 (S.D.N.Y. Aug. 19, 2002)
- United States ex rel. Wiser v. Geriatric Psychological Servs., No. Civ. Y-96-2291, 2001 WL 286838 (D. Md. Mar. 22, 2001)
- Harrison v. Banque Indosuez, 6 F. Supp. 2d 224 (S.D.N.Y. 1998)
- Intervest Fin. Servs. v. S.G. Cowen Secs. Corp., 206 F. Supp. 2d 702 (E.D. Pa. 2002), aff'd, 340 F.3d 144 (3d Cir. 2003)
- United States ex rel. Barmak v. Sutter Corp., No. 95 Civ. 7637, 2002 WL 987109 (S.D.N.Y. May 14, 2002)
- FTC v. Butterworth Health Corp., 121 F.3d 708 (6th Cir. 1997)
- FEC v. Williams, 104 F.3d 237 (9th Cir. 1996)
- United States v. Gaubert, 499 U.S. 315 (1991)
- Bowen v. American Hosp. Assoc., 476 U.S. 610 (1986).
Mr. Gerson was Acting Attorney General of the United States at the beginning of the Clinton Administration. And, as head of the Civil Division of the Department of Justice from 1989 to 1993, Mr. Gerson served as the federal government's chief litigator in all major matters, including those related to financial institution fraud, defense fraud, health care reimbursement, food and drug law, and health care fraud. Additionally, he was the government's principal counsel in the environmental and mass tort litigations involving Exxon-Valdez. Mr. Gerson also represented the United States in significant class actions, including:
- The Dow-Corning breast implant cases
- The Agent Orange cases
- Various consolidated asbestos actions throughout the country
- The government's action against Salomon Brothers
- Financial institution matters, including that of Lincoln Savings & Loan
- Generic drug prosecutions
- The Congressional and other cases challenging the President's war powers in connection with the Persian Gulf War.
Mr. Gerson served as the observer-delegate of the United States to the Council of Europe Ministers of Justice. He also was a member of the Bush Administration's National Health Policy Working Group as head of its Medical Malpractice Reform Working Group and as its spokesman on matters of civil justice reform.
During the 1988 Presidential election, Mr. Gerson was a senior advisor to the campaign of George H.W. Bush on matters including debate preparation, comparative research and surrogate speaking on criminal justice, judicial, health policy and defense issues. He later was a Transition Team leader in the Office of the President-elect with regard to international banking agencies. He also served in the presidential transition of President George W. Bush.
From 1975 to 1980, Mr. Gerson was an associate and then a partner in the firm of Reed Smith Shaw & McClay. Between 1972 and 1975, he was an Assistant United States Attorney in Washington, DC, focusing on criminal prosecutions and appellate matters. Between 1967 and 1972, Mr. Gerson was a counter-intelligence officer in the U.S. Air Force.
Mr. Gerson has served as an adjunct professor of law at Georgetown University Law Center. He is a frequent guest on CNBC, NBC, Fox News and other broadcast outlets, commenting on important business litigation, antitrust, health care and justice issues. Mr. Gerson's commentaries have been published in law journals and in newspapers, including The Wall Street Journal, and The Los Angeles Times.
Mr. Gerson has received an "AV Preeminent" Peer Review Rating by Martindale-Hubbell for the past 25 years, signifying the highest level of professional excellence. In addition, he has been selected for inclusion in The American Lawyer and Martindale-Hubbell's Top Rated Lawyers 2014 list in Washington, DC, and the 2013 list in Health Care Law. He has also been selected by his peers for inclusion in The Best Lawyers in America© (2014, 2015) in the field of Health Care Law and was included on the Washington, DC Super Lawyers list (2013) in the areas of Civil Litigation: Defense, Social Security Disability, and Antitrust Litigation.
- Georgetown University Law Center (J.D., 1967)
- Pennsylvania State University (B.A., 1964)
- Supreme Court of the United States
- U.S. Court of Appeals for the District of Columbia Circuit
- U.S. Court of Appeals for the Federal Circuit
- U.S. Court of Appeals for the First Circuit
- U.S. Court of Appeals for the Second Circuit
- U.S. Court of Appeals for the Third Circuit
- U.S. Court of Appeals for the Fourth Circuit
- U.S. Court of Appeals for the Fifth Circuit
- U.S. Court of Appeals for the Sixth Circuit
- U.S. Court of Appeals for the Seventh Circuit
- U.S. Court of Appeals for the Eighth Circuit
- U.S. Court of Appeals for the Ninth Circuit
- U.S. Court of Appeals for the Tenth Circuit
- U.S. Court of Appeals for the Eleventh Circuit
- U.S. District Court, District of Arizona
- U.S. District Court, District of Columbia
- U.S. District Court, District of Maryland
- U.S. District Court, Eastern District of New York
- U.S. District Court, Northern District of New York
- U.S. District Court, Southern District of New York
- U.S. District Court, Western District of Michigan
- District of Columbia
- New York
- American Bar Foundation, Fellow
- Constitution Project
- Federalist Society
- Heritage Foundation Center for Legal and Judicial Studies, Legal Advisory Board
- National Legal Center for Public Policy, Board of Legal Advisors
- Washington Legal Foundation, Legal Policy Advisory Board