Jonathan Berman has more than 25 years of litigation experience in antitrust cases, class actions, and other complex litigation matters. He focuses on the interplay between civil litigation and the laws administered by the Food and Drug Administration (FDA). Jonathan also has advised clients, on dozens of matters, regarding FDA law and practice.
Jonathan's antitrust docket has included cases involving allegations of product-hopping, pay-for-delay, and price-fixing and government challenges to mergers, exclusive contracts, and a variety of rule-of-reason and monopolization theories. He frequently litigates on behalf of clients in the health care sector. Jonathan has represented, in major litigation, pharmaceutical companies, a drug wholesaler, an insurer, and hospitals.
Other litigation matters have included representing Prince Jefri Bolkiah, a member of the Royal Family of Brunei, in a series of complex litigations against the Brunei government, former advisors, and insurers. In addition, Jonathan argued one of the first litigated motions involving using "predictive coding" of electronic documents.
Jonathan's pro bono activities have included obtaining asylum for numerous immigrants fleeing political oppression. He has served on the Steering Committee of Operation Crackdown, an organization that has assisted neighborhood groups to abate drug nuisance properties in Washington, D.C.
Antitrust Alert: New Law Requires Disclosure of Biologic Patent Settlement Agreements to Antitrust Authorities
- November 2019
Getting Biosimilars to Market, Patent and Antitrust Perspectives
- May 4, 2017
Food and Dietary Supplement Class Action Litigation in a World of Less Regulation, panelist, FDLI Annual Conference
- March 3, 2017
Pharmaceutical Antitrust Litigation Conference: Generic Drugs & Emerging Price-Fixing Cases -- Speaker on panels regarding price-fixing cases, "product hop" claims.
- September 15, 2016
Food and Drug Law Institute, Food Advertising, Labeling, and Litigation Conference. Recurring Issues in Food Labeling Litigation
- July 26, 2016
Product-Hopping in the Pharmaceutical Industry: Antitrust Issues to Watch for in 2016
- February 25, 2016
2016 Executive Roundtable Series – The 3 a.m. Issue: From Data Breaches to Hurricanes, Legal Strategies for Protecting Your Company by Preparing for, Insuring Against, and Responding to Catastrophic Risks
- April 30, 2013
Live interview by Tom Temin regarding the Center for Food Safety litigation and the FDA's roll-out of Food Safety Modernization Act (FSMA) regulations, Federal News Radio
- April 16, 2013
The Caronia case, Mark Twain, and Off-Label Promotion, FDA's Off-Label Information: A 2013 Update
- Columbia University (J.D. 1993; Senior Note Editor, Business Law Review; Stone Scholar, 1993); Harvard University (B.A. magna cum laude 1990)
- District of Columbia, California, Pennsylvania, U.S. District Courts for the District of Columbia and Northern District of California, U.S. Courts of Appeals for the First and Sixth Circuits, and United States Supreme Court
American Bar Association, Subcommittee on Food, Cosmetics and Nutraceuticals: Co-Chair (2016-2017, 2017-2018) and Vice Chair (2015-2016)
- Law Clerk to Judge R.R. McKelvie, U.S. District Court, District of Delaware (1993 term)