Biography

Veteran trial attorney Jack Wenik positions clients, both business entities and individuals, to reduce the risks—from fines to corporate integrity agreements, Medicare/Medicaid exclusion, and prison time—of investigations and litigation by the government. Jack protects health and wellness clients’ livelihoods and reputations in credible, scientifically driven defense strategies before the U.S. Department of Justice (DOJ), the U.S. Food and Drug Administration, the Federal Trade Commission, State Attorney General’s offices, and other agencies. His clients include a wide range of health care providers, including physicians, hospitals, pharmacies, nursing homes, home health agencies, adult day care centers, telehealth providers, executives, and dietary supplement makers and distributors that face civil and criminal allegations. Jack also guides dietary supplement companies and health care providers in class action litigation and commercial litigation disputes.

Jack steers clients from the government’s first inquiry into fraud, abuse, and other wrongdoing. A former Assistant U.S. Attorney and the son of a police officer, Jack combines a deep understanding of investigations and regulatory structures with productive agency relationships he has built during more than 25 years of private practice.

His impact in settlement negotiations and at trial are evident in the favorable client outcomes Jack achieves—from declination, decriminalization, or reduction of charges to preservation of medical licenses and more. In addition to leading litigation challenges with government agencies, Jack contributes to clients’ virtual trial teams, especially in scientific expert testimony.

Clients in the dietary supplement sector rely on Jack’s technical strength to defend them against claims of product adulteration, misleading advertising, product liability, and other regulatory violations. In his preventive advertising reviews and litigation counseling, Jack aims to prevent stifling clients’ innovation without running afoul of the government.

Experience

  • Litigates and defends issues of reimbursement, medical necessity, fraud, and medically reasonable practices for health care clients under investigation by the DOJ, HHS Office of Inspector General, and other federal and state agencies.
  • Defends health care systems facing criminal and civil claims related to allegations of improper billing and coding, improper use of medical devices, and the performance of unnecessary procedures.
  • Convinced the DOJ to close, without prosecution, complex criminal investigations against health care systems for alleged improper billing.
  • Achieved a dismissal, on summary judgment, of claims of product adulteration against a dietary supplement company.
  • Shut down the threat of a class action, against dietary supplement companies, that alleged violations of the Federal Food, Drug, and Cosmetic Act. Jack and his litigation team secured dismissals of plaintiffs’ cases in multiple matters.
  • Represents the makers of dietary supplements related to calcium building, weight loss, and memory loss. Jack advises on government scrutiny and provides advertising reviews and other preventative regulatory counsel.
Education
  • Yale Law School (J.D., 1985)
    • Editor, Yale Law Journal
    • Editor, Yale Law & Policy Review
  • State University of New York at Albany (B.A., summa cum laude, 1982)
    • Phi Beta Kappa
Bar Admissions
  • New Jersey
  • New York
  • District of Columbia
Court Admissions
  • U.S. District Court, District of New Jersey
  • U.S. District Court, Eastern District of New York
  • U.S. District Court, Southern District of New York
  • U.S. District Court, Northern District of New York
  • U.S. District Court, District of Columbia
  • U.S. Court of Appeals for the District of Columbia 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 Eleventh Circuit
Memberships
  • American College of Healthcare Executives
  • Health Care Compliance Association
  • American Health Lawyers Association
    • Co-Chair, Fraud and Abuse Practice Group, Enforcement Committee
  • New Jersey State Bar Association
    • Programs Committee, Health and Hospital Law Section
    • Class Actions Committee
  • American Bar Association
    • Section on Health Law
    • Section on Litigation
    • Section on Criminal Justice
    • Co-Chair, Health Care Fraud Subcommittee, White Collar Crime Committee, Section on Criminal Justice
    • Past Co-Chair, Mid-Atlantic Regional Committee, White Collar Crime Committee, Section on Criminal Justice
    • Committee Liaison to the U.S. Attorney’s Office for the District of New Jersey, American Bar Association, White Collar Crime, Mid-Atlantic Regional Committee
  • National Association of Criminal Defense Lawyers
  • New York Council of Defense Lawyers
  • Federal Bar Council
  • Defense Research Institute
  • Association of the Federal Bar of the State of New Jersey
  • Essex County Bar Association
  • Eastern District Association
  • Yale Law School Association Executive Committee, Regional Representative for New Jersey (2016-2018)
  • Yale Law School Association of New Jersey
    • Past President
  • Seton Hall Law School
    • Adjunct Professor, Legal Research and Writing
Recognition
  • The Best Lawyers in America, Bet-the-Company Litigation, Commercial Litigation, Criminal Defense: White-Collar, and Litigation—Regulatory Enforcement (SEC, Telecom, Energy) (2010 to 2021); “Lawyer of the Year” for Bet-the-Company Litigation, Newark (2019); and “Lawyer of the Year” for Litigation—Regulatory Enforcement (SEC, Telecom, Energy), Newark (2018 to 2020)
  • Chambers USA: America’s Leading Lawyers for Business, Leader in New Jersey—Health Care (2013 to 2021) 
  • The Legal 500 United States, Healthcare: Service Providers (2017)
  • Martindale-Hubbell, AV Preeminent peer review rating
  • New Jersey Super Lawyers, Health Care, Civil Litigation: Defense, and Criminal Defense: White Collar (2016 to 2021)
  • Burton Award, Distinguished legal writing in “Entering a New Era: Criminalizing Health Care Non-Compliance,” published by the American Health Law Association (2016)