Reuben A. Guttman
Top Rated Civil Litigation Attorney in Washington, DC
Reuben Guttman is a founding member of Guttman, Buschner & Brooks PLLC (GBB). His practice involves complex litigation and class actions. He has tried and/or litigated claims involving fraud, breach of fiduciary duty, environmental derelictions, antitrust, business interference and other common law torts or statutory violations.
The International Business Times called Mr. Guttman “one of the world’s most prominent whistleblower attorneys,” and he has been recognized as a Washingtonian Top Lawyer by Washingtonian Magazine. A February 19, 2015 profile of Mr Guttman by the Boston Globe’s STAT NEWS referred to him as the “Lawyer Pharma Loves to Hate.” Citing a $98 million recovery from Community Health Systems, Inc., Law 360 named Mr. Guttman a “Health Care MVP” and profiled him in a December 1, 2014 article. Author David Dayen, writing in his Book, Chain of Title (The New Press, 2016) cited Mr. Guttman’s work on behalf of robo-signing whistleblower, Lynn Szymoniak, noting “he had won some of the largest awards in the history of the False Claims Act; there was really nobody better for the case.” Writing in their book, The Corporate Whistleblower’s Survival Guide, (Berrett-Koehler Publishers, Inc., 2011), authors Tom Devine and Tarek F. Massarani wrote that “in settling qui tam litigation, [Mr. Guttman] has aggressively and successfully negotiated for corrective action against public health and safety consequences from prescription drug fraud.” In the book, When Good Companies Go Bad, (ABC CLIO, 2014), authors Donald Beachler and Thomas Shevory profiled Mr. Guttman’s off label marketing case against Abbott labs, involving the drug Depakote, which resulted in a $1.6 billion recovery in 2012 for state and federal governments. The Spring, 2013 Cover Story for the Emory Lawyer, profiled Mr. Guttman as one of Emory Law School’s leading players in the area of complex litigation noting that “even before filing a case, Guttman’s team engages in intensive investigation, retains experts and prepares as if a trial is imminent.”
Representing one of the six main whistleblowers in litigation, Mr. Guttman’s work resulted in the government’s September 2009, $2.3 billion settlement with Pfizer Pharmaceutical. In addition to the Abbott Lab’s $1.6 billion settlement in 2012, Mr. Guttman represented one of the main whistleblowers in a case against GlaxoSmithKline that returned over $3 billion to the government. That same year Mr. Guttman represented whistleblower, Lynn Szymoniak, whose qui tam case, involving fraudulent mortgage assignments, was resolved as part of the government’s $25 billion settlement with some of the world’s largest banks. The following year, in 2013, Mr. Guttman was lead counsel for the lead False Claims Actwhistleblowers in a case involving the kidney-transplant drug, Rapamune. That case culminated on July 30, 2013 in a U.S. Department of Justice announcement that Pfizer had agreed to pay $491 million to settle criminal and civil charges stemming from the illegal marketing of Rapamune by Wyeth Pharmaceuticals, which was acquired by Pfizer in 2009. In 2013, Mr. Guttman was also lead counsel in a case against Amgen, Inc. et al., resulting in the recovery of $24.9 million. In 2014, Mr. Guttman recovered $4.19 million from co-defendant, Omnicare, and in 2015 he recovered another $2.15 million from co-defendant Pharmerica. On October 17, 2016, Mr. Guttman and his firm, GBB, announced the recovery of another $28 million from Omnicare. That same month, GBB announced the recovery of $5.3 million in a case involving fraudulent Medicare claims submitted by a New York State provider.
Mr. Guttman was counsel in U.S. ex rel. Johnson v. Shell Oil Co., 33 F. Supp. 2d 528 (E.D. Tex. 1999), where over $300 million was recovered from the oil industry. On behalf of a European whistleblower, Mr. Guttman was counsel in litigation that resulted in a $13 million settlement.
He served as lead counsel in a series of cases resulting in the recovery of more than $30 million under the Federal Fair Labor Standards Act. Cases brought by Mr. Guttman on behalf of nuclear weapons workers at “Manhattan Project” nuclear weapons sites resulted in congressional oversight and changes in procurement practices, and dread disease compensation legislation, covering the nation’s nuclear weapons complex workforce. A case brought by Mr. Guttman against the Secretary of Energy under the National Environmental Policy Act (NEPA) resulted in the cancelling of a project to recycle radioactive Nickel at the Oak Ridge National Laboratory.
Mr. Guttman served as lead counsel in litigation brought on behalf of prison workers in the District of Columbia, resulting in injunctive relief protecting workers against exposure to blood-borne pathogens and he served as lead counsel in a mediation before the United States Equal Employment Opportunity Commission, resulting in work place standards and back pay for minority employees at a large Texas oil refinery.
In addition to his work on behalf of workers and whistleblowers, Mr. Guttman is the author and/or editor of numerous articles, book chapters, and technical publications.
His commentary and/or articles have appeared in Market Watch, American Lawyer Media, AOL Government, Accounting Today, the Jerusalem Post, the International Business Times, the Atlanta Journal/Constitution, The Hill, Forbes, Law 360, Blog of The American Constitution Society, and the Fulton County Reporter. Mr. Guttman has written almost 100 commentaries on politics and the law for The Global Legal Post – www.globallegalpost.com. He was a founder and contributing editor and a writer for The Regulatory Analyst; Medical Waste(Warren, Gorham & Lamont, Publishers)
His article, Pharmaceutical Regulation in the United States: A Confluence of Influences, was published in Chinese by the Peking University Public Interest Law Journal, Vol. 1, Page 187 (2010). He is co-author (with Professor Paul Zwier) of A Failure of Remedies: The Case Against Big Pharma, (Emory Corporate Governance and Accountability Review, 2016). He is also co-author (with Jennifer Williams) of Controlling Government Contractors; Can the False Claims Act be More Effective (Sedona Conference Journal Vol. 14, Fall, 2013). And he is a co-author (with Professor Paul Zwier) of The New World of Electoral Politics and What It Means; An Introductory Essay, (Emory Corporate Governance and Accountability Review, 2017).
Mr. Guttman is co-author of SEC v. HG Pharmaceutical and Gonzalez v. Hewitt which are “case files” published by the Emory University School of Law Center for Advocacy and Dispute Resolution and used to train law students and practicing attorneys. He is also co-author of the case file, United States ex Rel Rodriguez v Hughes, et. al (Defendants Materials, Relators Materials, Faculty Materials), (National Institute of Trial Advocacy, 2016). Mr. Guttman is author or co-author of Chapters 5-10 in Internal Investigations: How to Protect Your Clients or Companies in the Global, Post Dodd-Frank World (Practicing Law Institute, 2012). He is co-author (With Professor Kathryn Wagner) of The Asbestos Model; Labor and Citizens Groups and a Multipronged Approach to Regulatory Change (published as Chapter 5 in Conflict Resolution and Public Policy, (Edited by Miriam K. Mills, Greenwood Press, 1990). He served as an advisory board member and Chapter author for Environmental Management in Healthcare Facilities (W.B. Saunders, 1998). He is co-author with Professor J.C. Lore of Pretrial Advocacy, (Lexis-Nexis and the National Institute of Trial Advocacy) (Work in progress to be published, Fall 2017).
He has appeared on ABC Nightly News, CNN, Bloomberg News, and has been quoted in major publications including The Wall Street Journal, The New York Times, The New York Post, The Washington Post, The Washington Times, The Los Angeles Times, The Atlanta Journal-Constitution, USA Today, Houston Chronicle, Dallas Morning News and national wire services including the Associated Press, Reuters and Bloomberg.
In addition to his writings, Mr. Guttman has testified before committees of the United States House of Representatives and the United States Senate on the Asbestos Hazard Emergency Response Act (AHERA). In 1992, he advised President-elect Clinton’s transition team on labor policy and worker health and safety regulation.
He is a Senior Fellow and Adjunct Professor at the Emory University School of Law Center for Advocacy and Dispute Resolution and has been a Team Leader for Emory Law School’s Kessler-Eidson Trial Techniques Program. He is currently serving his second three-year term on the Emory Law School Dean’s Advisory Board. He is a founder of and Senior Advisor to the Emory Corporate Governance and Accountability Review (ECGAR), and a faculty member of the National Institute of Trial Advocacy. Mr. Guttman has also served as an Adjunct Professor at the Rutgers University School of Law.
As part of a U.S. State Department program in conjunction with the Emory law Center for Advocacy and Dispute Resolution, he has been one of five visiting professors at Universidad Panamericana in Mexico City, training Mexican Judges and practitioners on oral advocacy and trial practice. He has been a guest lecturer at a number of universities including John Hopkins, the University of Pennsylvania, Jiao Tong University in Shanghai, Peking University in Beijing and Renmin University in Beijing. In 2006, the Dutch Embassy in China invited him to share his perspectives with experts in China about changes to the nation’s labor laws.
Mr. Guttman earned his law degree at Emory University School of Law, (1985), and his Bachelor’s Degree from the University of Rochester, (1981). He began his legal career as Washington, DC counsel for the Service Employees International Union, (SEIU), AFL-CIO where he served from 1985 until 1990. He is admitted to practice in the State of Georgia; the District of Columbia; the Commonwealth of Pennsylvania; the State of New Jersey; the United States District Courts for the District of Columbia, the District of New Jersey, the District of Nebraska, the Northern District of Georgia, the District of Maryland, the Western District of Michigan, and the Eastern District of Pennsylvania; and the United States Courts of Appeal for the Third Circuit, the Eleventh Circuit, the Fourth Circuit and the D.C. Circuit.
Mr. Guttman is a member of the Board of Directors of the American Constitution Society. He is the founder of www.whistleblowerlaws.com.
About Reuben A. Guttman
First Admitted: 1985, Georgia
Professional Webpage: http://gbblegal.com/reuben-a-guttman/
- Emory University School of Law, JD, 1985
- University of Rochester, 1981
- Georgia Bar, 1985
- New Jersey Bar, 1991
- Pennsylvania Bar, 1991
- D.C. Bar, 1988
- U.S. District Court for the Nothern District of Georgia, 1990
- U.S. District Court for the Eastern District of Pennsylvania, 1992
- U.S. Court of Appeals for the District of Columbia, 1988
- U.S. District for the Western District of Michigan, 1990
- , MVP in Life Sciences, Law 360, 2014
- , Leading Player in Complex Litigation, Emory School of Law, 2013
- "For significant, sustained leadership and outstanding service to the Emory Law community", Alumni Service Award, Emory School of Law, 2015
- ., Author, The New World of Electoral Politics and What It Means: An Introductory Essay, Emory Corporate Governance and Accountability Review (Volume 4 Special Issue, 2017), 2017
- ..., Author, A Failure of Remedies: The Case of Big Pharma, Emory Corporate Governance and Accountability Review 41, 2016
- ..., Author, The Origin of ECGAR, Emory Corporate Governance and Accountability Review (Volume 1 Issue 1, 2017), 2017
- EPA Dialogue May Result in Rules for Commercial Buildings, National Journal of Asbestos in Buildings Litigation, 1989
- ., Effective Compliance Means Imposing Individual Liability, Emory Corporate Governance and Accountability Review (Volume 5 Issue 2, 2018), 2018
- ., Author, A Practitioner’s View of Institutional Corruption Through the Lens of the Health Care System, Emory Corporate Governance and Accountability Review (Volume 5 Issue 1, 2018), 2018
- ..., Chapter Co-author, Remote Advocacy: A Guide to Survive and Thrive, Wolters Kluwer and the National Institute for Trial Advocacy, 2020
- ..., Author, The Whistleblowers in the White House, American University Journal of Gender Social Policy & the Law, 2018
- ..., Author, How Progressives in Law Talk to America, American University Journal of Gender Social Policy & the Law, 2018
- At Issue: Should Congress Pass Legislation That Would Extend The Asbestos Hazard Energy Response Act To All Public and Commercial Buildings, Congressional Quarterly's Editorial Research Reports, 1990
- ..., Medical Waste, Impact of OSHA Bloodbourne Disease Rule, 1992
- Environmental Management and Healthcare Facilities, The Occupational Health and Safety Administration: Guidance for Compliance, 1998
- The False Claims Act: Holding Employers Accountable for Workplace Rights, Employee Rights Quarterly, 2000
- Ethical Issues Involving Labor Unions and Class Actions, AFL-CIO Annual Attorneys Conference, 2000
- Litigating Large Scale Opt-In Actions Under the Fair Labor Standards Act, AFL-CIO Annual Attorneys Conference, 2000
- Inside the Minds: Winning Legal Strategies for Structuring Executive Compensation Plans, Executive Compensation Considerations, 2005
- The Interplay Between the False Claims Act, Securities Fraud, and ERISA, Taxpayers Against Fraud False Claims Act & Oui Tam Quarterly Review, 2005
- U.S. ex Rel Rodriguez v. Hughes, The Emory University Law School Center for Advocacy and Dispute Resolution, 2010
- SEC v. HG Pharmaceutical, The Emory University Law School Center for Advocacy and Dispute Resolution, 2010
- Pharmaceutical Regulation in the United States: A Confluence of Influences, Public Interest Law Journal, Peking University, 2010
- Gonzalez v. Hewitt, The Emory University Law School Center for Advocacy and Dispute Resolution, 2010
- Moderator, Are Federal Courts a Fair and Accessible Forum?, Emory Law School, 2011
- Moderator, Debate on Tort Reform After Viewing of Documentary 'Hot Coffee', Emory Law School, 2011
- ., Getting Started as a Whistleblower, 2019
- Are Federal Courts a Fair and Accessible Forum?, Emory Law School Center For Advocacy And Dispute Resolution, 2011
- Debate on Tort Reform After Viewing of Documentary 'Hot Coffee', Emory Law School, 2011
- Northwell Health, $12 million: GBB attorneys represented one of three whistleblowers in a False Claims Act suit against NY health network Northwell Health, Inc. and it’s subsidiary Lenox Hill Hospital. Whistleblowers alleged that Northwell and hospital Urologist David B. Samadi billed Federal Medicare programs in violation of multiple laws or regulations. Among the accusations were that Samadi and Northwell billed for medically unnecessary procedures, billed for overlapping surgeries, and over-compensated Samadi as an illegal reward for hospital referrals. Whistleblowers also claimed that Samadi left endoscopic procedures to be completed or attended by unsupervised medical students so that he could complete or supervise another patient’s procedure. Defendant’s behavior led to the submission of false claims to Medicare and ultimately millions of dollars in fraudulent government payments., 2019
- Celgene Corporation, $280 million: GBB recovered $280 million in a non-intervened False Claims Act case against Celgene Corporation on the eve of trial. The Complaint alleged that Celgene unlawfully marketed its drugs Thalomid and Revlimid, including for unsafe and ineffective uses, and subverted independent judgment of medical professionals through false and misleading promotion. The Complaint also alleged that Celgene paid kickbacks to medical professionals to prescribe and recommend Celgene’s drugs in violation of the Anti-Kickback Statute. The settlement is the second largest in a non-intervened case brought under the False Claims Act., 2017
- Abbott Labs, $1.6 billion: GBB attorneys, in conjunction with state and federal governments, pursued claims against Abbot Laboratories, alleging that Abbot unlawfully marketed its anti-epileptic drug, Depakote, to children and nursing home patients. Their efforts on behalf of the lead whistleblower lead to a $1.6 billion recovery for federal and state governments, one of the largest recoveries under the False Claims Act in a pharmaceutical case involving a single drug, as well as the institution of a corporate integrity agreement that places compliance burdens on Abbott’s corporate management., 2016
- Humana Inc., $7 million: GBB attorneys contributed to a qui tam action alleging that defendant Michael Cavanaugh, a doctor at Plaza Medical Centers Corporation (PMC), over-diagnosed patients with illness or complications then fraudulently billed Medicare for services. Cavanaugh’s false Medicare claims led Medicare to increase monthly payments to Humana, Inc., a plan administrator, which would then distribute the funds to Cavanaugh and other defendants., 2018
- North Greenville University, $2.5 million: GBB attorneys pursued a False Claims Act suit against North Greenville University, alleging NGU illegally submitted student aid claims to the government after providing incentive compensation to student recruiters. Title IV of the Higher Education Act makes it a crime for higher education institutions which receive federal student aid money to provide recruiters with commissions, bonuses, or other forms of incentive compensation for recruiting new students. The complaint against NGU accusing of paying a recruitment company which it partially owned, Joined Inc., based on the number of new students their recruiters enrolled., 2019
- Oral Roberts University, $300,000: GBB attorneys brought this False Claims Act case against Oklahoma based ORU alleging that the university had fraudulently billed the Department of Education after violating the federal ban on incentive-based compensation. The whistleblower contended that ORU hired Shoe Inc., a student recruiting firm, then paid them with a portion of the tuitions of recruited students. Title IV of the higher education act prohibits any university receiving federal student aid from compensating recruiters based on the number of students successfully recruited. Maurice Shoe, the whistleblower and co-owner of Shoe, was awarded $45,000., 2019
- Hudson Valley Hematology Oncology Associates, $5.3 million: Firm attorneys brought a qui tam suit against Hudson Valley Hematology Oncology Associates (Hudson Valley), a New York based treatment center for patients with blood disorders and cancer. The complaint alleges that Hudson Valley illegally billed Medicare and Medicaid for services that were improperly documented and/or were not rendered. Hudson Valley was also accused of violating the Anti-Kickback Statute by waiving copayments and adding the waived fees to claims for Medicare reimbursement. The relator, a former billing department employee at Hudson Valley, received between 10-25% of the funds recovered for the government. Hudson Valley also entered into a corporate integrity agreement as part of the settlement., 2016
- Biogen Inc. and Advanced Care Scripts Inc., $23.4 million: GBB attorneys settled this qui tam suit against Advanced Care Scripts and Biogen, one of the worlds’ largest pharmaceutical companies. The complaint, filed by a whistleblower under the False Claims Act, alleged that Defendants used charitable organizations in a kickback scheme to pay the Medicare copays for multiple sclerosis drugs Avonex and Tysabri. Medicare subsequently paid the claims for these drugs, which can cost as much $80,000 per patient per year., 2020
Last Updated: 5/15/2022