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 False or falsehood may refer to: * False (logic), the negation of truth in classical logic * Lie or falsehood, a type of deception in the form of an untruthful statement * False statement, aka a falsehood, falsity, misstatement or untruth, is a st ...
. 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, a private research university in Atlanta, Georgia. It was founded in 1916 and was the first law school in Georgia to be granted membership in the American Association of Law ...
, and was awarded a bachelor's degree from the
University of Rochester The University of Rochester is a private university, private research university in Rochester, New York, United States. It was founded in 1850 and moved into its current campus, next to the Genesee River in 1930. With approximately 30,000 full ...
in 1981. He is a founding Partner at Guttman, Buschner & Brooks PLLC and is based in the firm's
Washington, D.C. Washington, D.C., formally the District of Columbia and commonly known as Washington or D.C., is the capital city and federal district of the United States. The city is on the Potomac River, across from Virginia, and shares land borders with ...
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, in the United States. The company was founded by Chicago physician Wallace Calvin Abbott in 1888 to formulate k ...
'', resulting in a $1.6 billion recovery for the government. The ''McCoyd'' case involved the unlawful marketing of the anti-epileptic drug Depakote. In 2012, he also represented one of the four main whistleblowers in a case against
GlaxoSmithKline GSK plc (an acronym from its former name GlaxoSmithKline plc) is a British Multinational corporation, multinational Pharmaceutics, pharmaceutical and biotechnology company with headquarters in London. It was established in 2000 by a Mergers an ...
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 United States federal executive departments, federal executive department of the U.S. government that oversees the domestic enforcement of Law of the Unite ...
against
Pfizer Pfizer Inc. ( ) is an American Multinational corporation, multinational Pharmaceutical industry, pharmaceutical and biotechnology corporation headquartered at The Spiral (New York City), The Spiral in Manhattan, New York City. Founded in 184 ...
Pharmaceutical involving the kidney-transplant drug
Rapamune Sirolimus, also known as rapamycin and sold under the brand name Rapamune among others, is a macrolide compound that is used to coat coronary stents, prevent organ transplant rejection, treat a rare lung disease called lymphangioleiomyomatosis ...
. 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. As one of the world's largest independent biotechnology companies, Amgen has approximately ...
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 compa ...
. 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, headquartered in Summit, New Jersey, was a pharmaceutical company that produced cancer and immunology drugs. Its primary products were Revlimid (lenalidomide), which is used in the treatment of multiple myeloma (63% of 2018 r ...
Corp.'', which resulted in the recovery of $280 million. Guttman represented one of the six main
whistleblowers Whistleblowing (also whistle-blowing or whistle blowing) is the activity of a person, often an employee, revealing information about activity within a private or public organization that is deemed illegal, immoral, illicit, unsafe, unethical or ...
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, includes the global processes of exploration, extraction, refining, transportation (often by oil tankers and pipelines), and marketing of petroleum products. The largest volume products ...
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 List of cities in Kentucky, home rule-class city in the Upland South, and the county seat of McCracken County, Kentucky, United States. The most populous city in the Jackson Purchase region, it is located in the Southeastern Unit ...
. Guttman has testified before committees of the
United States House of Representatives The United States House of Representatives is a chamber of the Bicameralism, bicameral United States Congress; it is the lower house, with the U.S. Senate being the upper house. Together, the House and Senate have the authority under Artic ...
and the
United States Senate The United States Senate is a chamber of the Bicameralism, bicameral United States Congress; it is the upper house, with the United States House of Representatives, U.S. House of Representatives being the lower house. Together, the Senate and ...
on the
Asbestos Hazard Emergency Response Act The Asbestos Hazard Emergency Response Act (AHERA) is a US federal law enacted in 1986 by the 99th United States Congress and signed into law by President Ronald Reagan. It required the EPA to create regulations regarding local education agencies ...
( 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, but the term is gen ...
at the
Emory University School of Law Emory University School of Law is the law school of Emory University, a private research university in Atlanta, Georgia. It was founded in 1916 and was the first law school in Georgia to be granted membership in the American Association of Law ...
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 American(s) may refer to: * American, something of, from, or related to the United States of America, commonly known as the "United States" or "America" ** Americans, citizens and nationals of the United States of America ** American ancestry, p ...
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 law school and the 10th largest law school, overall, in the United States. Each class in the three-year J.D. pr ...
, where he taught in the trial program. As part of a
U.S. State Department The United States Department of State (DOS), or simply the 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 ...
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 Panamerican University (), commonly known as UP, is a private research, Roman Catholic university founded in Mexico City. It has four campuses: the main Mixcoac campus in the Benito Juarez borough of south-western Mexico City, founded in 1968; ...
in
Mexico City Mexico City is the capital city, capital and List of cities in Mexico, largest city of Mexico, as well as the List of North American cities by population, most populous city in North America. It is one of the most important cultural and finan ...
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, Shanghainese: , Standard Chinese pronunciation: is a direct-administered municipality and the most populous urban area in China. The city is located on the Chinese shoreline on the southern estuary of the Yangtze River, with the ...
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 informati ...
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 university, public Types of universities and colleges in China#By designated academic emphasis, university in Haidian, Beijing, China. It is affiliated with and funded by the Ministry of Education of the Peop ...
in
Beijing Beijing, Chinese postal romanization, previously romanized as Peking, is the capital city of China. With more than 22 million residents, it is the world's List of national capitals by population, most populous national capital city as well as ...
and
Renmin University The Renmin University of China (RUC) is a public university in Haidian, Beijing, Haidian, Beijing, China. The university is affiliated with the Ministry of Education (China), Ministry of Education, and co-funded by the Ministry of Education and ...
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