Jonathan Berman

Jonathan Berman splits his practice between complex commercial litigation and advising on food and drug regulatory issues.

Jonathan advises on topics spanning the breadth of the Food, Drug, and Cosmetic Act and other laws administered by the FDA. These matters have involved the regulation of food labeling, food additives, clinical trials, pharmaceutical compounding, “compassionate use” of unapproved drugs, Good Manufacturing Practices, and drug advertising; FOIA requests and the availability of submitted materials; and the regulation of dietary supplements, devices, cosmetics, and radiation emitting products.

Jonathan’s litigation practice has emphasized class action and antitrust matters, and he argued one of the first litigated motions involving using “predictive coding” of electronic documents.

Recent matters include representing Prince Jefri Bolkiah, a member of the Royal Family of Brunei. This series of complex litigations included cases against the Brunei government, former advisors, and insurers. Jonathan has defended clients in multijurisdiction class action litigation involving allegations of price-fixing. Other major antitrust matters have included defending challenged mergers, and rule-of-reason (exclusive contract) cases. Jonathan has also defended not-for-profit hospitals in class actions involving allegations that these hospitals overcharge the uninsured.

Many of Jonathan’s cases have involved health care providers. He has represented, in major matters, hospitals, physician practice groups, a health insurer, manufacturers of pharmaceuticals, and a drug wholesaler.

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, DC.