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 2025) 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
- BlogsAgency Actions Remain Judicially Unreviewable Where Congress Has Legislated Clear Agency Authority - SCOTUS Today ...3 minute read
- Media CoverageStuart M. Gerson Quoted in “HHS Hospital Pay Formula at High Court: 4 Things to Know”3 minute read
- Media CoverageStuart Gerson, Erik Weibust, Peter Steinmeyer Quoted in “Will the FTC Non-Compete Ban Happen? Physicians Await Uncertain ...7 minute read
- Firm Announcements
Epstein Becker Green Attorneys Honored for Excellence in the Legal Profession by Best Lawyers 2025
14 minute read - BlogsWestern District of Texas Says NLRB Structure Unconstitutional, Issues Injunction Preventing SpaceX Unfair Labor ...3 minute read
- Publications
Supreme Court Alters the Administrative State: Loper and Relentless Decision Shifts Authority from Administrative ...
13 minute read - Media Coverage
Stuart Gerson Quoted in “FDA’s Lab Developed Test Rule Could Be First Check on Agency’s Power Post-Chevron” ...
3 minute read - Media Coverage
Stuart Gerson Discusses the Supreme Court’s Decision to Overturn Chevron and Agency Authority
2 minute read - BlogsChevron Exploded, Capitol Demonstrators Freed, Homeless Penalized—Film at Eleven - SCOTUS Today8 minute read
- BlogsTerm Ends with Both Bangs and Whimpers, All Highly Consequential - SCOTUS Today11 minute read
- Media CoverageStuart Gerson Discusses Recent SCOTUS Decision and Sarbanes-Oxley Coverage of Obstructive Conduct2 minute read
- Blogs
Another Leak Confirmed and Other Important Decisions and Divisions Issued, but Not Loper or Trump - SCOTUS Today ...
9 minute read - BlogsTwo Down, 12 to Go, and Two More Decision Days This Week - SCOTUS Today6 minute read
- BlogsLate-Term Flood of Decisions Continues, Disagreement Among Justices Increasingly Pronounced - SCOTUS Today10 minute read
- BlogsNot the Day We Are Waiting For - SCOTUS Today8 minute read
- Blogs
Bump Stock Ruling May Presage Loper—and Clearer Answers to Immigration and Bankruptcy Questions - SCOTUS Today ...
8 minute read - BlogsFDA Wins Mifepristone Case, NLRB Denied Lower Injunctive Relief Standards, and “Trump Too Small” Denied Trademark ...7 minute read
- BlogsA Day for Specialists - SCOTUS Today6 minute read
- BlogsPreemption, the First Amendment, and Ineffective Assistance of Counsel on Today’s Decisional Menu - SCOTUS Today ...9 minute read
- BlogsThree for Thursday - SCOTUS Today7 minute read
- BlogsTwice Again, Jurisdictional Timing Matters; Battle Among Originalists Leaves Consumer Financial Protection Board ...8 minute read
- BlogsMatters of Time - SCOTUS Today6 minute read
- Media CoverageLaw360’s Hottest Firms and Stories Features Epstein Becker Green Insight on the Federal Trade Commission's Noncompete ...1 minute read
- PublicationsThe FTC's Noncompete Rule Is Likely Dead on Arrival2 minute read
- BlogsInsignificant Harm Not So Insignificant in Proving Title VII Transfer Violation - SCOTUS Today5 minute read
- BlogsToday’s Argument Was More Consequential Than Issued Opinions - SCOTUS Today4 minute read
- BlogsUnanimity Among Justices Rules the Day - SCOTUS Today6 minute read
- BlogsTwo Plaintiffs Win Border Battles as Court Emphasizes When It Has Jurisdiction in Cases with Substantial Factual Issues ...6 minute read
- BlogsPublic Officials Subject to Suits for Blocking Social Media Critics, “Safety Valve” Relief from Mandatory Minimums Is ...5 minute read
- Media CoverageStuart Gerson, Rob Wanerman Quoted in “No Red Herring: Fisheries’ Legal Arguments About Chevron Deference Could ...2 minute read
- BlogsSupreme Court Unanimously Rules States Cannot Enforce Section 3 of the 14th Amendment to Disqualify a Presidential ...3 minute read
- BlogsInconsistent Verdicts Don’t Negate Double Jeopardy in Blocking Murder Case Retrial - SCOTUS Today4 minute read
- Publications
Striking a Balance: The Supreme Court and the Future of Chevron Deference
27 minute read - BlogsA Big Day at the Court, with a Few Small, Unanimous Decisions - SCOTUS Today4 minute read
- PublicationsNoncompete Report Misinterpreted Critique of FTC Proposal4 minute read
- BlogsDo ADA Testers Have Standing? SCOTUS Takes the Easy Way Out - SCOTUS Today4 minute read
- 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