Reuben Guttman
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Reuben A. Guttman, born 1959 in New York City, is an American attorney and a founding Partner of Guttman, Buschner & Brooks PLLC ("GBB"), a DC-based plaintiffs' firm His practice involves complex litigation and class actions. He has served as counsel in some of the largest recoveries under the
False Claims Act The False Claims Act (FCA), also called the "Lincoln Law", is an American federal law that imposes liability on persons and companies (typically federal contractors) who defraud governmental programs. It is the federal government's primary litigat ...
. The ''International Business Times'' has called Guttman "one of the world's most prominent whistleblower attorneys," and he has been recognized as a Washingtonian Top Lawyer by ''Washingtonian Magazine''. Citing “wins recouping billions of dollars for the federal and state governments,” a February 19, 2015 profile of Mr. Guttman by the Boston Globe’s STAT NEWS referred to him as the “Lawyer Pharma Loves to Hate.” Citing a $98 million recovery from Community Health Systems, Inc., Law 360 named Mr. Guttman a “Health Care MVP” and profiled him in a December 1, 2014 article. Author David Dayen, writing in his Book, Chain of Title (The New Press, 2016) cited Mr. Guttman’s work on behalf of “robo-signing” whistleblower, Lynn Szymoniak, noting “he had won some of the largest awards in the history of the False Claims Act; there was really nobody better for the case.” Writing in their book, The Corporate Whistleblower’s Survival Guide, (Berrett-Koehler Publishers, Inc., 2011), authors Tom Devine and Tarek F. Massarani wrote that “in settling qui tam litigation, r. Guttmanhas aggressively and successfully negotiated for corrective action against public health and safety consequences from prescription drug fraud.” In their book, When Good Companies Go Bad, (ABC CLIO, 2014), authors Donald Beachler and Thomas Shevory profiled Mr. Guttman’s off label marketing case against Abbott labs, involving the drug Depakote, which resulted in a $1.6 billion recovery in 2012 for state and federal governments. The Spring, 2013 Cover Story for the Emory Lawyer profiled Mr. Guttman as one of Emory Law School’s “leading players” in the area of complex litigation noting that “even before filing a case, Guttman’s team engages in intensive investigation, retains experts and prepares as if a trial is imminent.” Mr. Guttman is a regular contributor to Medium


Background

Reuben Guttman earned his J.D. degree in 1985 at
Emory University School of Law Emory University School of Law is the law school of Emory University and is part of the University's main campus in Druid Hills, Atlanta, Georgia. It was founded in 1916 and was the first law school in Georgia to be granted membership in the Am ...
, and was awarded a bachelor's degree from the
University of Rochester The University of Rochester (U of R, UR, or U of Rochester) is a private research university in Rochester, New York. The university grants undergraduate and graduate degrees, including doctoral and professional degrees. The University of Roc ...
in 1981. He is a founding Partner at Guttman, Buschner & Brooks PLLC and is based in the firm's
Washington, D.C. ) , image_skyline = , image_caption = Clockwise from top left: the Washington Monument and Lincoln Memorial on the National Mall, United States Capitol, Logan Circle, Jefferson Memorial, White House, Adams Morgan, ...
office. He is a senior fellow and adjunct professor at the Emory University School of Law – Center for Advocacy and Dispute Resolution. He is a founder of and senior advisor to the ''Emory Corporate Governance and Accountability Review'' (ECGAR), published online by Emory University Law School.


Career

In 2012, Guttman served as lead counsel for the lead whistleblower, Meredith McCoyd, in ''U.S. ex rel. McCoyd v.
Abbott Laboratories Abbott Laboratories is an American multinational medical devices and health care company with headquarters in Abbott Park, Illinois, United States. The company was founded by Chicago physician Wallace Calvin Abbott in 1888 to formulate known dr ...
'', resulting in a $1.6 billion recovery for the government. The ''McCoyd'' case involved the unlawful marketing of the anti-epileptic drug
Depakote Valproate (VPA) and its valproic acid, sodium valproate, and valproate semisodium forms are medications primarily used to treat epilepsy and bipolar disorder and prevent migraine headaches. They are useful for the prevention of seizures in those ...
. In 2012, he also represented one of the four main whistleblowers in a case against
GlaxoSmithKline GSK plc, formerly GlaxoSmithKline plc, is a British multinational pharmaceutical and biotechnology company with global headquarters in London, England. Established in 2000 by a merger of Glaxo Wellcome and SmithKline Beecham. GSK is the ten ...
that returned over $3 billion to the government. That same year, Guttman represented whistleblower Lynn Szymoniak whose ''qui tam'' case, involving fraudulent mortgage assignments, was resolved as part of the government's $25 billion settlement with some of the world's largest banks. In 2013, Guttman was lead counsel in an intervened case by the
United States Department of Justice The United States Department of Justice (DOJ), also known as the Justice Department, is a federal executive department of the United States government tasked with the enforcement of federal law and administration of justice in the United State ...
against
Pfizer Pfizer Inc. ( ) is an American multinational pharmaceutical and biotechnology corporation headquartered on 42nd Street in Manhattan, New York City. The company was established in 1849 in New York by two German entrepreneurs, Charles Pfizer ...
Pharmaceutical involving the kidney-transplant drug Rapamune. On July 30, 2013, The U.S. Department of Justice announced that Pfizer had agreed to pay $491 million to settle criminal and civil charges stemming from the pharmaceutical company's illegal marketing of Rapamune. Guttman represented two whistleblowers—sales representative Marlene Sandler and pharmacist Scott Paris—who brought the initial action in the case, ''United States ex rel. Sandler et al v. Wyeth Pharmaceuticals, Inc.'' Also in 2013, Guttman was lead counsel in ''U.S. ex rel. Kurnik v.
Amgen, Inc. Amgen Inc. (formerly Applied Molecular Genetics Inc.) is an American multinational biopharmaceutical company headquartered in Thousand Oaks, California. One of the world's largest independent biotechnology companies, Amgen was established in Th ...
et al.'', resulting in the recovery of $24.9 million from Amgen. That case exposed
kickbacks A kickback is a form of negotiated bribery in which a commission is paid to the bribe-taker in exchange for services rendered. Generally speaking, the remuneration (money, goods, or services handed over) is negotiated ahead of time. The kickback ...
designed to increase sales of the drug
Aranesp Darbepoetin alfa (INN) is a re-engineered form of erythropoietin containing 5 amino acid changes (N30, T32, V87, N88, T90) resulting in the creation of 2 new sites for N-linked carbohydrate addition. It has a 3-fold longer serum half-life compare ...
. In 2017, Mr. Guttman served as lead counsel for the plaintiff/relator, Beverly Brown, in the case ''U.S. ex rel. Beverly Brown v.
Celgene Celgene Corporation is a pharmaceutical company that makes cancer and immunology drugs. Its major product is Revlimid ( lenalidomide), which is used in the treatment of multiple myeloma, and also in certain anemias. The company is incorporated in ...
Corp.'', which resulted in the recovery of $280 million. Guttman represented one of the six main
whistleblowers A whistleblower (also written as whistle-blower or whistle blower) is a person, often an employee, who reveals information about activity within a private or public organization that is deemed illegal, immoral, illicit, unsafe or fraudulent. Whi ...
in litigation resulting in the government's September 2009, $2.3 billion settlement with Pfizer Pharmaceutical, and he served as counsel in ''U.S. ex rel. Johnson v. Shell Oil Co.'', in which over $300 million was recovered from the
oil industry The petroleum industry, also known as the oil industry or the oil patch, includes the global processes of exploration, extraction, refining, transportation (often by oil tankers and pipelines), and marketing of petroleum products. The larges ...
as a result of allegations of unpaid oil royalties. On behalf of a European whistleblower, Guttman was counsel in ''U.S. ex rel. Bunk v. Birkart'', a litigation that resulted in a $13 million settlement with the U.S. government. The ''Birkart'' case stemmed from an alleged conspiracy to fix the price of shipping services sold to the U.S. Defense Department. Guttman served as lead counsel in a series of cases resulting in the recovery of more than $30 million to mid-western meatpackers under the Federal Fair Labor Standards Act. Cases he brought on behalf of nuclear weapons workers at the United States Government "Manhattan Project" nuclear weapons sites resulted in congressional oversight and changes in procurement practices, and dread disease compensation legislation, affecting the nation's nuclear weapons complex and its workforce. Guttman served as counsel for the whistleblowers including the Natural Resources Defense Counsel in an intervened action against Lockheed. The Lockheed matter arose from the cleanup of the U.S. Government gaseous diffusion plant in
Paducah, Kentucky Paducah ( ) is a home rule-class city in and the county seat of McCracken County, Kentucky. The largest city in the Jackson Purchase region, it is located at the confluence of the Tennessee and the Ohio rivers, halfway between St. Louis, Missour ...
. Guttman has testified before committees of the
United States House of Representatives The United States House of Representatives, often referred to as the House of Representatives, the U.S. House, or simply the House, is the Lower house, lower chamber of the United States Congress, with the United States Senate, Senate being ...
and the
United States Senate The United States Senate is the upper chamber of the United States Congress, with the House of Representatives being the lower chamber. Together they compose the national bicameral legislature of the United States. The composition and pow ...
on the Asbestos Hazard Emergency Response Act ( AHERA). In 1992, he advised President-elect Clinton's transition team on labor policy and worker health and safety regulation.


Academic career

Guttman is a senior fellow and
adjunct professor An adjunct professor is a type of academic appointment in higher education who does not work at the establishment full-time. The terms of this appointment and the job security of the tenure vary in different parts of the world, however the genera ...
at the
Emory University School of Law Emory University School of Law is the law school of Emory University and is part of the University's main campus in Druid Hills, Atlanta, Georgia. It was founded in 1916 and was the first law school in Georgia to be granted membership in the Am ...
Center for Advocacy and Dispute Resolution and has been a team leader for Emory Law School's Kessler-Eidson Trial Techniques Program. In 2013, he was elected to the board of the
American Constitution Society The American Constitution Society (ACS) is a progressive legal organization. ACS was created as a counterweight to, and is modeled after, the Federalist Society, and is often described as its progressive counterpart. Founded in 2001 following t ...
for Law and Policy. For the Fall Semester, 2012, Guttman was appointed as an adjunct professor at the
Rutgers University Law School Rutgers Law School is the law school of Rutgers University, with classrooms in Newark and Camden, New Jersey. It is the largest public university, public law school and the 10th largest law school, overall, in the United States. Each class in the ...
, where he taught in the trial program. As part of a
U.S. State Department The United States Department of State (DOS), or State Department, is an executive department of the U.S. federal government responsible for the country's foreign policy and relations. Equivalent to the ministry of foreign affairs of other nati ...
program in conjunction with the Emory Law School Center for Advocacy and Dispute Resolution, Guttman has been one of five visiting professors at
Universidad Panamericana The Universidad Panamericana (Spanish: ''Universidad Panamericana''), commonly known as UP, is a private Catholic university founded in Mexico City. It has four campuses: the main Mixcoac campus in the Benito Juarez borough of south-western Mexi ...
in
Mexico City Mexico City ( es, link=no, Ciudad de México, ; abbr.: CDMX; Nahuatl: ''Altepetl Mexico'') is the capital and largest city of Mexico, and the most populous city in North America. One of the world's alpha cities, it is located in the Valley o ...
training Mexican judges and practitioners on oral advocacy and trial practice. Guttman was one of four Emory faculty members who traveled to
Shanghai, China Shanghai (; , , Standard Mandarin pronunciation: ) is one of the four direct-administered municipalities of the People's Republic of China (PRC). The city is located on the southern estuary of the Yangtze River, with the Huangpu River flowin ...
in 2013 to participate in a program to train financial fraud prosecutors on the investigation and prosecution of
insider trading Insider trading is the trading of a public company's stock or other securities (such as bonds or stock options) based on material, nonpublic information about the company. In various countries, some kinds of trading based on insider information ...
cases. Guttman is a faculty member of the National Institute of Trial Advocacy. He has been a guest lecturer at a number of universities including Jiao Tong University in Shanghai,
Peking University Peking University (PKU; ) is a public research university in Beijing, China. The university is funded by the Ministry of Education. Peking University was established as the Imperial University of Peking in 1898 when it received its royal charter ...
in
Beijing } Beijing ( ; ; ), alternatively romanized as Peking ( ), is the capital of the People's Republic of China. It is the center of power and development of the country. Beijing is the world's most populous national capital city, with over 21 ...
and
Renmin University The Renmin University of China (RUC; ) is a national key public research university in Beijing, China. The university is affiliated to the Ministry of Education, and co-funded by the Ministry and the Beijing Municipal People's Government. RUC ...
in Beijing. In 2006, he was invited by the Dutch Embassy in China to participate in a dialogue with Chinese scholars and worker representatives on China's labor laws.


Publications and Commentary

Guttman is the author and/or editor of numerous articles, book chapters, and technical publications and his commentary has appeared in ''Market Watch'', ''Marketplace'', ''American Lawyer Media'', ''AOL Government'', ''Accounting Today'', the ''Austin American-Statesman'', and ''The Jerusalem Post''. His article, ''Pharmaceutical Regulation in the United States; A Confluence of Influences'', was published in Chinese by the ''Peking University Public Interest Law Journal.'' He is co-author of ''Gonzalez v. Hewitt, SEC v. HG Pharmaceutical'', and ''U.S. ex Rel. Rodriguez v. Hughes'', which are case files published by the Emory University School of Law Center for Advocacy and Dispute Resolution (2010) and used to train law students and practicing attorneys. Among his publications, Guttman is co-author of Chapters 5-10 in ''Internal Investigations 2012: How to Protect Your Clients or Companies in the Global, Post Dodd-Frank World.'' Among other publications, he wrote ''The Occupational Safety and Health Administration: Guidance for Compliance'', published as Chapter 18 in ''Environmental Management in Healthcare Facilities''; ''The Dormant Commerce Clause and Interstate Transportation of Waste'', published in the ''University of Pennsylvania Journal of Resource Management and Technology''; and co-authored ''The Asbestos Model: Labor and Citizens and a Multi-Pronged Approach to Regulatory Change'', published as a chapter in ''Conflict Resolution and Public Policy''. He has appeared on ''ABC Nightly News'', ''CNN'', ''Bloomberg News'', and ''IBTimes TV''. He has been quoted in publications including the ''International Business Times'', ''The Wall Street Journal'', ''The New York Times'', ''The Washington Post'', the ''Los Angeles Times'', ''The Atlanta Journal-Constitution'', ''USA Today'', ''The Dallas Morning News'', and national wire services including the ''Associated Press'', ''Reuters'' and ''Bloomberg''. Guttman's commentary on politics and the law has appeared in ''The European Lawyer, Law 360, The Austin-Statesman and The Jerusalem Post.'' He also writes a regular blog for its affiliated website, ''The Global Legal Post''. He has been a regular contributor to the blog for the American Constitution Society. He is listed as a SuperLawyer and also was cited in Grant & Eisenhofer's recognition by the ''National Law Journal'' as one of the nation's hottest Plaintiff's firms for 2012.


References

{{DEFAULTSORT:Guttman, Reuben American lawyers 1959 births Living people