Eric Gortner has wide-ranging experience in complex commercial and health care litigation in both federal and state courts across the country. His practice includes representation of health care, pharmaceutical and other companies involved in both federal and state False Claims Act (
qui tam) litigation, as well as federal and state government investigations. He also represents insurance companies in health care insurance fraud investigations and litigation. Mr. Gortner is also experienced in securities fraud and financial services litigation, as well as mass tort litigation.
Earlier in his career, Mr. Gortner served as a law clerk to Judge Harry D. Leinenweber of the U.S. District Court for the Northern District of Illinois and Judge Ann C. Williams of the U.S. Court of Appeals for the Seventh Circuit.
Representative Experience
- National defense counsel for large-scale, nationwide federal False Claims Act qui tam case against several pharmaceutical manufacturers brought by the Department of Justice alleging Medicaid and Medicare fraud related to drug pricing.
- National defense counsel for several pharmaceutical companies in nationwide federal and state False Claims Act qui tam litigation cases relating to off-label marketing and alleged false claims paid by Medicare, Medicaid, Veterans Administration and other federal health care programs.
- National defense counsel for nationwide federal and state False Claims Act qui tam litigation related to pharmaceutical product classifications and alleged false claims paid by state and federal health care programs.
- Defense counsel for health insurance organization related to various state lawsuits by member hospital and provider groups involving alleged insurance regulation violations, as well as breach of contract.
- Defense counsel for accounting firm in state False Claims Act qui tam action alleging various false claims related to complex investments by state agencies in collateralized debt obligations and other financial instruments.
- Defense counsel for banking institutions in large-scale mortgage-backed securities litigation brought by federal agencies.
- Defense counsel in consumer class action alleging false advertising, unfair business practices and consumer deception.
- Defense counsel for chemical manufacturer in alleged groundwater contamination matter.
- Defense counsel for large utility company in securities fraud and putative class actions.
Education and Bar Admissions
Mr. Gortner received his B.A. in psychology from University of California at Berkeley,
summa cum laude; his Ph.D. in clinical psychology from University of Washington, with highest distinction; and his J.D. from Harvard Law School,
magna cum laude. He is admitted to practice in Illinois and before the U.S. Court of Appeals for the Seventh Circuit and the U.S. District Court for the Northern District of Illinois.