An associate at Lowey Dannenberg since 2010, Mr. Rabinovitz is a member of the Healthcare and Antitrust practice group and regularly represents health insurers, such as Aetna, Anthem, Cigna and Humana, at the trial and appellate levels in complex litigation, focusing on prosecution of antitrust violations and pharmaceutical overcharges, and defense of class actions. Prior to joining the firm, he served as a Judicial Intern to the Honorable Novalyn L. Winfield, U.S. Bankruptcy Judge for the District of New Jersey.
Mr. Rabinovitz is currently prosecuting “pay-for-delay” antitrust claims on behalf of Humana, In re: Aggrenox Antitrust Litig., 14-md-2516 (D. Conn), and Government Employees Health Association, In re: Lidoderm Antitrust Litig., 14-md-2524 (N.D. Cal.). He is also currently representing 40 health insurers in a RICO action concerning pharmaceutical overcharges due to cGMP violations. Blue Cross Blue Shield Ass’n, et al. v. GlaxoSmithKline LLC, No. 13-4663-JS (E.D. Pa.).
Mr. Rabinovitz briefed Aetna’s appeal before the United States Court of Appeals for the First Circuit in In re Neurontin Mktg. & Sales Practices Litigation, 712 F.3d 51 (1st Cir. 2013), a significant RICO decision holding drug manufacturers accountable to health insurers for damages attributable to off-label marketing fraud, and In re Avandia Marketing Sales Practices and Products Liability Litigation, 685 F.3d 353 (3d Cir. 2012), cert. denied, 12-690, 2013 WL 1500235 (U.S. Apr. 15, 2013), a landmark federal appellate decision establishing Medicare Advantage health insurers’ private right of action under the Medicare Secondary Payer Act. He also represented 20 health insurers as amicus curiae, in In re Avandia Mktg. Sales Practices & Prods. Liab. Litig., No. 14-1948, 2015 U.S. App. LEXIS 18633 (3d Cir. Oct. 26, 2015), where the Third Circuit held that a drug manufacturer’s deceptive marketing causes third-party payers to suffer legally cognizable injuries.
Mr. Rabinovitz has also defended and won dismissal of several class action lawsuits against health insurance clients: Wurtz v. Rawlings Co., LLC, 2016 WL 7174674 (E.D.N.Y. Nov. 17, 2016); Meek-Horton v. Trover, et al., 910 F. Supp. 2d 690 (S.D.N.Y. 2013); Potts v. Rawlings Co. LLC, 897 F. Supp. 2d 185 (S.D.N.Y. 2012). In Meek Horton and Potts, the firm won judgments dismissing the class action lawsuits, which sought to apply New York State’s anti-subrogation law to void health insurance plans’ subrogation and reimbursement rights in New York. The firm also won judgment dismissing similar claims under New Jersey law. Roche v. Aetna, Inc., 165 F. Supp. 3d 180 (D.N.J. 2016); Mattson v. Aetna Life Ins. Co., 124 F. Supp. 3d 381 (D.N.J. 2015). Mr. Rabinovitz is also currently defending Aetna in a class action in Minerley v. Aetna Inc., et al., 13-cv-1337 (D.N.J.).
Mr. Rabinovitz’s practice is not limited to healthcare related matters; it covers a wide range of commercial litigation in federal and state courts, including prosecution of accounting malpractice, defense of a law firm in a suit brought by a former partner, defense of a major regional bakery in an antitrust suit brought by a competitor, defense of a financial investment firm in an age discrimination claim, defense of a hedge fund for violation of securities laws, an SEC Whistleblower action, and representation of one of the largest mutual funds in the United States to recover losses related to mortgage-backed securities.
Mr. Rabinovitz served as an Associate Editor and his work has been published in the Fordham Law Review: Toward Effective Implementation of 11 U.S.C. § 522(d)(11)(E): Invigorating A Powerful Bankruptcy Exemption, 78 Fordham L. Rev. 1521 (2009) (cited in Amy Y. Landry & Robert J. Landry, III, Medical Bankruptcy Reform: A Fallacy of Composition, 19 Am. Bankr. Inst. L. Rev. 151 (2011) and Anne Benton Hucker, Do I Own This Car? The Supreme Court Creates A Standard for BAPCA Car Ownership, 76 Mo L. Rev. 1239 (2011)).
Mr. Rabinovitz is fluent in Hebrew.
B.A. Yeshiva University (2005)
J.D. Fordham University School of Law (2010)
New York, New Jersey, the United States Courts of Appeals for the Second and Third Circuits, the U.S. District Courts for the Southern and Eastern Districts of New York, and the District of New Jersey.