Overview
Attorney Stuart Gerson’s respected trial and appellate skills and power of persuasion help him successfully represent health care, life sciences, and financial services clients in high-stakes civil and criminal matters nationwide.
Stuart has extensive experience litigating cases involving the cybersecurity of health care information, trade secrets, and other confidential data as well as civil and criminal fraud issues, particularly under the federal False Claims Act. He also defends various antitrust and securities matters for clients in the health care and financial sectors.
Stuart was appointed Acting Attorney General of the United States during the early Clinton administration, after having served as President G.H.W. Bush's appointee as Assistant Attorney General for the Civil Division of the Department of Justice (DOJ). He has also served as an advisor to several presidents.
Cybersecurity and Data Privacy
Stuart has been active in digital data security, compliance, breach enforcement, and litigation defense. For example, he:
- Advises health care and other clients with respect to data protection and affirmative conduct
- Counsels providers, investors, business associates, and others on compliance with the Health Insurance Portability and Accountability Act of 1996 (HIPAA) and the several iterations of the government’s Standards for Privacy of Individually Identifiable Health Information as well as on larger cybersecurity issues, including the establishment of best practices as described in the President’s Executive Order and the National Institute of Standards and Technology (“NIST”) Framework for Improving Critical Infrastructure Cybersecurity and recently published “Excellence Frameworks” for compliance
- Defends clients through all aspects of government investigations that are triggered by high-profile privacy incidents and data breaches
- Defends complex litigation cases, particularly class actions, involving data breaches, cybersecurity, and privacy matters
Among his successes in litigating cybersecurity issues, Stuart won an emblematic case on behalf of two health plans, achieving the unusual result of getting a court to deny class certification in a mass-breach case. In addition, he has represented various entities in responding to federal and state enforcement challenges presented by data breaches.
Stuart also is involved in policy issues as a member of the privacy and security and government relations core groups of the ISAO Standards Organization, which was established pursuant to a Presidential Executive Order and is intended to harmonize government and private sector cyber interests. He also serves on the Board of Directors of the National Council of Registered ISAOs, which provides national oversight of cyber threat information sharing and public-private relationships concerning cyber security and data privacy. Stuart is a frequent provider of analysis and comment on cybersecurity, data privacy, class action reform, health care, and Supreme Court issues to national print and broadcast media.
Civil and Criminal Fraud
A former federal prosecutor with extensive federal jury trial and appellate experience, Stuart has long been active in the defense of some of the largest civil and criminal fraud cases brought by the federal government and qui tam relators under the federal False Claims Act (“FCA”) and other antifraud statutes.
Stuart’s fraud case experience includes:
- Serving as lead counsel in most of the largest defense, health care, and financial institution fraud actions brought by the U.S. government
- Defending cases under the FCA and anti-kickback laws, in matters related to trade secrets and the development of high technology
- Leading many internal corporate investigations on behalf of management and directors
- Winning numerous qui tam cases on dismissal or summary judgment motions
Antitrust and Securities
Stuart also has litigated many antitrust and securities cases on behalf of investment banks, broker-dealers, and insurance companies. His experience in these matters includes:
- Obtaining dismissal of a $150 million antitrust claim against a regional hospital organization
- Achieving affirmance by 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
- Defending an international corporation against criminal antitrust claims in a massive governmental cartel case
- 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
- Serving as a principal negotiator, on behalf of a large investment bank, to resolve with the Antitrust Division the Department of Justice’s massive NASDAQ case
U.S. Government Experience
As head of the DOJ’s Civil Division from 1989 to 1993, Stuart 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. He was involved in developing policies and procedures directed at protecting government and commercial data and detecting and prosecuting data thieves, oversaw the FBI’s successful investigation into the first terrorist attack on the World Trade Center (in 1993), served as the government's principal counsel in the environmental and mass tort litigations involving Exxon-Valdez, and represented the United States in significant class actions.
Stuart served as the observer-delegate of the United States to the Council of Europe Ministers of Justice. He also was a member of the George H.W. 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, Stuart 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. In addition, he served in the presidential transition of President George W. Bush.
Between 1972 and 1975, Stuart was an Assistant U.S. Attorney in Washington, DC, focusing on criminal prosecutions and appellate matters. Between 1967 and 1972, Stuart was a counter-intelligence officer in the U.S. Air Force.
Stuart writes a blog series on LinkedIn, about Supreme Court rulings and dynamics: SCOTUS Today.
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Focus Areas
Services
- Antitrust
- Appellate
- Artificial Intelligence
- Class Actions
- Corporate and Securities Litigation
- Data Breach/Cybersecurity Investigations & Litigation
- Federal and State False Claims Act (Including Qui Tam)
- Health Care
- Health Care Litigation
- Health Policy and Legislation
- Litigation & Business Disputes
- Privacy, Cybersecurity & Data Asset Management
- Ransomware
- White Collar Defense and Internal Investigations
Experience
Recognition
Stuart has received an "AV Preeminent" Peer Review Rating by Martindale-Hubbell for the past 30 years, signifying the highest level of professional excellence. In addition, he has been selected by his peers for inclusion in The Best Lawyers in America© (2014 to 2024) in the field of Health Care Law. He also was 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 and was named to the Washington, DC Super Lawyers list (2013) in the areas of Civil Litigation: Defense, Social Security Disability, and Antitrust Litigation. In October 2019, Stuart was named one of The American Lawyer’s “Litigators of the Week” for his non-partisan pro bono work to challenge border wall funding.
Credentials
Education
- Georgetown University Law Center (J.D., 1967)
- Pennsylvania State University (B.A., 1964)
Bar Admissions
- District of Columbia
- New York
Court Admissions
- Supreme Court of the United States
- U.S. Court of Appeals for the District of Columbia Circuit
- U.S. Court of Appeals for the Eighth Circuit
- U.S. Court of Appeals for the Eleventh Circuit
- U.S. Court of Appeals for the Federal Circuit
- U.S. Court of Appeals for the Fifth Circuit
- U.S. Court of Appeals for the First Circuit
- U.S. Court of Appeals for the Fourth Circuit
- U.S. Court of Appeals for the Ninth Circuit
- U.S. Court of Appeals for the Second Circuit
- U.S. Court of Appeals for the Seventh Circuit
- U.S. Court of Appeals for the Sixth Circuit
- U.S. Court of Appeals for the Tenth Circuit
- U.S. Court of Appeals for the Third 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
Professional & Community Involvement
- American Bar Foundation, Fellow
- Constitution Project
- Federalist Society
- Heritage Foundation Center for Legal and Judicial Studies, Legal Advisory Board
- Law360 Health Editorial Advisory Board
- National Council of Registered ISAOs, Board of Directors
- Seabury Resources for Aging, Board of Directors
- Washington Legal Foundation, Legal Policy Advisory Board
Media
Events
Past Events
- January 27, 2023
- June 9, 2022
Insights
Insights
- Media CoverageStuart Gerson Quoted in “Deepfake Political Ads Are ‘Wild West’ for Campaign Lawyers”2 minute read
- Firm Announcements
Epstein Becker Green Attorneys Recognized by 2024 Best Lawyers for Excellence in the Legal Profession
12 minute read - BlogsAffirmative Action in College Admissions Takes a Hit, While Employer Accommodation for Religious Beliefs Is Expanded ...10 minute read
- BlogsDivided Court Gives Primacy to Freedom of Religion, Invokes “Major Questions Doctrine” to Overturn Student Loan ...11 minute read
- Media CoverageStuart Gerson Quoted in “Coinbase High Court Win Hits at Arbitration-Settlement Strategy”2 minute read
- Blogs
Another Election Law Blockbuster: Moore Is Alive, but Independent State Legislature Theory Is Not – SCOTUS Today ...
9 minute read - BlogsSupreme Court Recognizes Employer Right to Damages From Unions When Certain Types of Strike Activity Results in Economic ...5 minute read
- BlogsArbitration, Confrontation, Immigration, and Conversation on the Court’s Agenda Today - SCOTUS Today8 minute read
- BlogsCourt Rules Against Navajo Water Rights, Statutory Habeas Corpus - SCOTUS Today7 minute read
- BlogsHow Big a Deal Is “Trump Too Small”? - SCOTUS Today21 minute read
- BlogsThe United States Is the FCA Party in Interest, Not the Relator - SCOTUS Today4 minute read
- BlogsIndian Child Custody, Tribal Bankruptcy Coverage, and Criminal Case Venue Occupy Today’s Docket - SCOTUS Today ...7 minute read
- BlogsVoting Rights, Health Care Liability, and Trademark Are the Subjects of the Day - SCOTUS Today8 minute read
- BlogsHealth Care Fraud and Labor Unrest Top Today’s Docket - SCOTUS Today7 minute read
- BlogsPatchwork of State Data Privacy Laws Adds Three New Patches7 minute read
- BlogsA Big Day for the Little Guy - SCOTUS Today7 minute read
- BlogsSix Decisions, with Intellectual Property and Internet Communications Regarding Terrorist Activity at the Forefront ...12 minute read
- BlogsHolding Tight on Agency Reins - SCOTUS Today2 minute read
- BlogsA Calm and Prolific Day at the Court, and a Better Day for Criminal Defendants Than for the Second Circuit - SCOTUS Today ...10 minute read
- BlogsThe Sign of the Three—Text Rules: SCOTUS Today6 minute read
- BlogsA Good Day for Jersey: SCOTUS Today4 minute read
- BlogsCourt’s Ruling Against FTC and SEC May Signal Future Limits on Agency Autonomy: SCOTUS Today5 minute read
- BlogsJurisdictional or Nonjurisdictional? That Is the Question: SCOTUS Today4 minute read
- BlogsCourt Unanimously Holds That IDEA Administrative Remedy Requirements Do Not Preclude Compensatory Damages Under ADA ...3 minute read
- BlogsUnusual Groupings of Justices Decide Two Cases Involving Contradictory Applications of Textualism - SCOTUS Today ...4 minute read
- BlogsHigh-Earning Worker Entitled to Overtime Pay, Death-Row Inmate Can Challenge Punishment, and Bankruptcy Can’t ...7 minute read
- Media CoverageLaw360’s Hottest Firms and Stories Features Epstein Becker Green Insight on FTC’s Noncompetes Proposal2 minute read
- PublicationsFTC's Noncompete Proposal Is Based on Misrepresentations3 minute read
- BlogsThe First Rulings of the New Term - Dismissing Attorney-Client Privilege Case, Denying Equitable Tolling in Veteran’s ...6 minute read
- PublicationsAfter 200+ Years Under State Law, FTC Proposes to Sweep Away All Noncompetes in Unauthorized Federal Power Grab ...3 minute read
- BlogsCourt Upholds Biden Vaccine Mandate and Bump Stock Ban; Remembering Laurence Silberman and Raymond Strother: SCOTUS Today ...4 minute read
- Media CoverageStuart Gerson Quoted in “Acting Civil Division Chief Faces Thorny Red State Tests Ahead”2 minute read
- Firm Announcements
Epstein Becker Green Attorneys Recognized by 2023 Best Lawyers for Excellence in the Legal Profession
11 minute read - Media CoverageLaw360’s Hottest Firms and Stories Features Epstein Becker Green Insight on FTC Authority to Ban Noncompetes2 minute read
- Media CoverageJenny Nelson Carney, Stuart Gerson Quoted in “The Rulings That Quickly Made 2022 Huge for Health Law”4 minute read
- BlogsThe FTC Seemingly Thumbs Its Nose at the Supreme Court4 minute read
- PublicationsFTC Authority to Ban Noncompetes Shaky After EPA Ruling2 minute read
- BlogsTwo and Done: SCOTUS Today5 minute read
- BlogsA Divided Court Rules Against States in Veterans’ Employment and Indian Country Criminal Jurisdiction Cases: SCOTUS ...4 minute read
- BlogsPrayer on the 50-Yard Line Doesn't Draw a Flag, Plus Two Criminal Cases: SCOTUS Today9 minute read
- BlogsDobbs Overrules Roe v. Wade: SCOTUS Today7 minute read
- BlogsNY Gun Case Tops Day of Contentious Decisions: SCOTUS Today6 minute read
- BlogsFive More Opinions and Justice Gorsuch Shows an Independent Streak: SCOTUS Today8 minute read
- BlogsSix Down, 24 to Go: An Important Day for Health Care and Employment Lawyers - SCOTUS Today8 minute read
- BlogsA Cluster of Decisions on Federal Procedure, Immigration, and Arbitration, but Plenty to Go: SCOTUS Today6 minute read
- BlogsCourt Refuses to Extend Bivens to Excessive Force and Retaliation Claims: SCOTUS Today3 minute read
- BlogsA Peaceful Resolution of Cases Concerning Arbitration, Medicaid, and Bankruptcy—All Involving Textual Analysis ...6 minute read
- BlogsSupreme Court Holds That Judges Can’t Invent Rules Governing Arbitration Waiver3 minute read
- BlogsCourt Holds That Judges Can’t Invent Rules Governing Arbitration Waiver and Makes It Harder for Prisoners to Show ...5 minute read
- BlogsHacking Healthcare: Cyberattack Contingency Planning and Response7 minute read