Mike Lieberman is a partner in Crowell & Moring's Litigation, Health Care, and White Collar & Regulatory Enforcement groups, and co-chair of the firm's E-Discovery Practice. He litigates complex matters in federal, state, and arbitral forums, with a particular focus on commercial health care disputes, class actions, discovery disputes, and fraud cases. Mike's clients include managed care companies, health benefit plans, clinical laboratories, government contractors, corporate and individual criminal defendants, and various other corporate commercial litigants.
Representative engagements include:
- Defending eight health insurance companies in multi-district litigation (MDL) class actions asserting antitrust claims.
- Securing the dismissal of contract claims against the third party administrator of a health plan in two consumer class actions.
- Representing a national health insurance company in arbitration and trial against major Maryland hospital systems regarding payment of claims.
- Representing a District of Columbia health plan in a multi-million dollar contract dispute regarding Medicaid payment methodologies.
- Representing a health plan in Florida in litigation regarding reimbursement for out-of-network services.
- Defending a California health plan in arbitration with health care providers over Medicare Advantage payment amounts.
- Defending a national health care consulting company in arbitration and trial regarding services for a new health plan.
- Defending a national health insurance company in class actions regarding alleged violations of mental health parity laws.
- Defending and securing dismissal of a securities fraud class action brought against a Fortune 500 financial services company.
- Defending the former CEO of a national transportation provider in a securities class action and related derivative actions.
- Representing a Class I railroad in a multi-district litigation (MDL) antitrust class action alleging a conspiracy to fix fuel surcharge prices.
- Defending antitrust charges in the Eastern District of Virginia against a seller of rocket engines.
- Defending and preventing the indictment of the CEO of a major government contractor in a Department of Justice investigation into alleged false claims submitted to the Department of Defense.
- Directing the investigation of alleged false claims submitted by a health plan to a state auditor, and facilitating responses to related government inquiries.
- Serving as class counsel for tens of thousands of black farmers who alleged discrimination by the U.S. Department of Agriculture in the administration of farm loan programs. Mike helped negotiate and implement a $1.25 billion settlement for the class—one of the largest civil rights judgments ever against the U.S. government.
Mike received his J.D. from Georgetown University in 2008 where he graduated magna cum laude and was admitted to the Order of the Coif. While at Georgetown, Mike served as a senior editor and board member for the Georgetown Law Journal. He also participated in the Georgetown Criminal Justice Clinic, where he received the Alan J. Goldstein Memorial Award for his "use of intelligence, creativity, and resourcefulness in defending criminal clients." Mike received his B.A. from Duke University in 2001 with a double major in public policy and economics and a minor in history.
Prior to joining Crowell & Moring, Mike worked as military legislative assistant to Congressman John M. Spratt, Jr. (D-SC), a senior member of the House Armed Services Committee. In that capacity, Mike advised the Congressman on policy areas including national defense, homeland security, energy, environment, and economic development. For his work, Mike received the Palmetto Patriot Award in 2006 for service to the state of South Carolina and the South Carolina National Guard.
Mike also served as a law clerk in the Federal Major Crimes Division of United States Attorney's Office for the District of Columbia.
Mike was recognized by Law360 as a “Top Attorney Under 40” for health law in 2017. Mike was also recognized by Super Lawyers as a 2014-2018 "Rising Star" for Washington, D.C. in Civil Litigation Defense.
Mike is a member of the Virginia state bar and the D.C. bar. He served as a board member of the D.C. Bar Association and a member of the committee revising the civil jury instructions for D.C. Superior Court.
Affiliations
Admitted to practice: District of Columbia, Virginia, U.S. Court of Appeals for the District of Columbia Circuit, U.S. District Court for the District of Columbia, U.S. District Court for the Eastern District of Virginia, U.S. District Court for the Eastern District of Wisconsin, District of Columbia Court of Appeals, District of Columbia Superior Court, Supreme Court of Virginia, Circuit and District Courts in Virginia
Highlights, News & Knowledge
Speeches & Presentations
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"Recent Legislative and Case Law Developments in the Rising Tide of Non-Par Payment Disputes and Surprise Billing," Healthcare Ounce of Prevention Seminar (HOOPS) 2021: Health Care in the Biden Era
(February 22, 2021).
Presenters: Christopher Flynn, Michael W. Lieberman, and Kelly Hightower Hibbert.
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"How Technology is Changing Antitrust in 2019," D.C. Bar Antitrust Section Forum
(May 21, 2019).
Panelist: Michael W. Lieberman.
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"Addressing Disputes among Contracted Providers and Payors," 10th Annual Advanced Forum on Manged Care: Disputes and Litigation
(May 16, 2019).
Panelist: Michael W. Lieberman.
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"How to Avoid Problems with E-Discovery (and Save Money in the Process)," Property Casualty Insurer’s Association of America Legal Subcommittee, Washington, DC
(February 21, 2018).
Presenters: Laura Foggan and Michael W. Lieberman.
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"Don’t Sign that Yet: Pitfalls to Avoid in Payor-Provider Contracting," Blue Cross Blue Shield Association's 2015 Blue National Summit, Phoenix, AZ
(April 21, 2015).
Presenters: Michael W. Lieberman, Todd D. Rosenberg, and Scott J. Moore.
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"The Affordable Care Act‘s Aftermath: Litigation and Regulatory Issues," Harvard Health Law Society
(April 1, 2015).
Presenters: Michael W. Lieberman and Marisa Adelson.
Publications
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"Federal Court Supports Discretion In Party Use of Technology Assisted Review," Crowell & Moring’s Data Law Insights
(February 17, 2021).
Authors: Michael W. Lieberman and George D. Carry.
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"INSIGHT: Would You Want Your 'Chat' Read Back To You In Court?" Bloomberg Law
(July 7, 2020).
Authors: Michael W. Lieberman, Rochelle-Leigh Rosenberg, Genevieve Moreland, and Mara Lieber.
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"How to Limit Litigation Risk from the Increased Use of Chat Programs During the COVID-19 Pandemic," Crowell & Moring’s Data Law Insights
(June 12, 2020).
Authors: Michael W. Lieberman, Rochelle-Leigh Rosenberg, Genevieve Moreland and Mara Lieber.
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"Trump Administration and Congress Are Moving Quickly on Health Care Price Transparency and Lowering Costs," Crowell & Moring's Health Law Blog
(August 1, 2019).
Authors: Jodi G. Daniel, Michael W. Lieberman, Joseph M. Miller and Maya Uppaluru.
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"Amendments Proposed To D.C. Rules of Professional Conduct to Address," Crowell & Moring's Data Law Insights
(May 20, 2019).
Authors: Genevieve Moreland, Da'Net J. H. Sturdifen and Michael W. Lieberman.
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"How to Better Manage Discovery and Save Costs in the Era of Expanding Data," Legal Management
(June 2018).
Authors: Mike Lieberman, Leigh Colihan, and Rochelle-Leigh Rosenberg.
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"E-Discovery – What is 'Proportional' in the Era of Expanding Data?" Crowell & Moring's Litigation Forecast 2018
(January 2018).
Contributor: Mike Lieberman.
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"Sequestration Extended to 2025 in Federal Budget Deal," Crowell & Moring's Health Law Blog
(December 10, 2015).
Authors: Christopher Flynn, Peter Roan, Michael W. Lieberman, and Harsh P. Parikh.
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"9th Circ. Closes More Doors On ACA Challenges," Law360
(October 10, 2014).
Co-Authors: Michael W. Lieberman and Harsh P. Parikh.
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"U.S. Tax Court Approves Predictive Coding for Litigation Use," Crowell & Moring's E-Discovery Law Insights
(September 22, 2014).
Co-Authors: Michael W. Lieberman and Elizabeth A. Figueira.
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"Ninth Circuit Rejects Challenges to Affordable Care Act's Individual Mandate and Independent Payment Advisory Board," Crowell & Moring's Health Law Blog
(September 5, 2014).
Co-Authors: Michael W. Lieberman and Harsh P. Parikh.
Client Alerts & Newsletters
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"COVID Relief and Appropriations Legislation Includes Mental Health Parity Compliance and Oversight Requirements,"
Health Care Alert
(December 23, 2020).
Contacts: Michael W. Lieberman, Lauren R. Nunez, Joe Records
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"SEC Issues Public Statement Regarding the Impact of COVID-19 on Earnings Guidance,"
Corporate Alert
(April 15, 2020).
Contacts: Sarah Gilbert, Thomas A. Hanusik, Michael W. Lieberman, Rebecca Monck Ricigliano, Daniel L. Zelenko, William J. Bruno
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"Impact of Supreme Court's Opinion Concerning Limits on Aggregate Campaign Contributions,"
Regulatory Alert
(April 3, 2014).
Contact: Michael W. Lieberman
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"Supreme Court Raises the Bar for Class Action Suits by Requiring Plaintiffs to Show a Specific Calculation of Damages for the Specific Theory of Harm for which a Class is Certified,"
Antitrust Law Alert
(March 28, 2013).
Contacts: Kathleen Taylor Sooy, Tracy A. Roman, Michael W. Lieberman
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"The New Bounty Hunters: Congress Creates New Incentives to Report Securities and Commodities Fraud,"
White Collar Alert
(July 15, 2010).
Contacts: Michael W. Lieberman, Thomas A. Hanusik, Daniel L. Zelenko
Media Mentions
Firm News & Announcements