Overview
Joshua (Josh) Simon focuses his practice on litigation with a particular focus on the healthcare industry. He has litigated complex litigation matters in state and federal courts across the country and also represents his clients in arbitrations and regulatory proceedings.
Josh’s most recent work has been focused on ERISA, antitrust, RICO, and regulatory disputes related to the health insurance industry. He regularly acts as lead counsel in cases regarding claims payment, fraudulent billing by healthcare providers, competition among healthcare providers, provider contracting, and medical necessity coverage determinations. Josh has particular experience representing his clients in class action litigation related to these topics.
Josh also represents small and large companies in other industries, including technology, telecommunications, manufacturing, and securities. He has litigated a broad array of cases for clients in these industries, including contract cases and cases arising under the telecommunications, securities, and antitrust laws.
Results
- Represented a leading health insurer in a series of putative class actions alleging ERISA, RICO, and antitrust violations based on the health insurer’s payment practices, as well as related investigations by state regulators*
- Represented a leading health insurer in a series of antitrust cases alleging that client conspired with other health insurers to drive certain healthcare providers from the market*
- Represented a leading health insurer in a series of putative class actions alleging improper calculation of member cost sharing and deductibles*
- Represented a leading health insurer in a series of payment disputes with out-of-network healthcare providers regarding fraudulent billing practices*
- Represented a leading health insurer in a series of putative class actions challenging client’s medical necessity determinations*
- Represented a leading health insurer in series of contract disputes regarding the termination of certain health providers from the insurer’s network*
- Represented a leading telecommunications company in more than a dozen cases in courts across the country regarding the payment of access charges to local phone companies*
- Represented a leading telecommunications company in a putative class action brought by consumers regarding charges for text messages*
- Represented a leading telecommunications company in a putative class action brought by consumers regarding calling plan pricing*
- Represented a leading securities firm in putative class action regarding changes in customer agreements related to sweep accounts*
*Matter handled prior to joining McDermott
Recognitions
- Legal 500 US, 2021 and 2023-2024
- Chambers USA, ERISA Litigation, 2021
- Super Lawyers, Rising Star, 2014
Credentials
Education
Harvard Law School, JD, cum laude, 2001
Princeton University, BA, cum laude, 1998
Courts/Agencies
US District Court for the Southern District of New York
Admissions
New York