Jonathan E. Levitt

Jonathan Levitt, Esq. co-founded the national boutique healthcare law firm of Frier Levitt in 2000. Beginning with a 2003 national class action of pharmacies against a publicly traded Pharmacy Benefit Manager (PBM), Jonathan began his journey to understand all aspects of the drug supply chain.

Jonathan was recently invited to testify before the U.S. Senate Committee on Finance during its hearing titled “Pharmacy Benefit Managers and the Prescription Drug Supply Chain: Impact on Patients and Taxpayers,” which took place on March 30, 2023. As a leading voice in the healthcare industry, Jonathan shared his valuable insights into the role of PBMs in the prescription drug supply chain. During his testimony, he addressed many challenges faced by patients in accessing affordable medications, including concerns about the PBM rebate system, the need for greater transparency in PBM practices, and repercussions on patients, taxpayers, and independent pharmacies. The hearing can be viewed on finance.senate.gov/hearings or by clicking here.

Jonathan is a highly experienced trial attorney whose practice focuses on representing stakeholders in the drug supply chain, such as pharmacies, physician-dispensers, national provider associations, drug manufacturers, drug wholesalers, and plan sponsors. Jonathan prosecutes claims brought by these stakeholders against PBMs, often uncovering secretive PBM tactics used to hide funds through litigation. Additionally, he assists Self-Funded Plans with their pharmacy benefit design, utilizing his extensive skillset. Jonathan has tried numerous litigations or arbitrations involving Medicare Part D “Direct and Indirect Remuneration” (DIR) Fees. He represents state Medicaid systems conducting audits of PBMs. Clients count on Jonathan to challenge the one-sided contracts drafted by PBMs and level the playing field.

Jonathan is dedicated to pro bono and public service assignments, reflecting his commitment to serving the community.

Jonathan is admitted to practice in multiple states and before courts across the country and is Certified by the Supreme Court of New Jersey as a Civil Trial Attorney.

Relevant Matters:

  • Represented a publicly traded specialty pharmacy in a confidential arbitration against a major PBM. The arbitration resulted in an award of $20 million and a subsequent settlement exceeding that amount, that included prospective improved reimbursement rates. Frier Levitt’s team used its extensive knowledge of the federal Medicare Part D “Any Willing Provider” law and regulations, as well as their understanding of the PBM-specific contractual provisions.
  • Secured a $9 million confidential settlement on behalf of a private equity-owned specialty pharmacy and returned the DIR Fees to the pharmacy client.
  • Secured a $6.25 million arbitration win for a Medicare Part D Prescription Drug Plan (PDP) client by proving that the PBM neglected to reimburse the PDP for drug manufacturer rebates.
  • Obtained a $3.7 million DIR Fee arbitration award on behalf of Mission Wellness, a female and minority-owned specialty pharmacy, against Caremark. Following a five-day hearing, Frier Levitt secured an arbitration award ordering the PBM to pay 100% of DIR Fees assessed on the pharmacy, the pharmacy’s costs, legal expenses, and interest. Read more here.
  • Obtained a $3.1 million arbitration award for a private equity owned specialty pharmacy client after a 5-day hearing against Caremark. The arbitrator awarded the specialty pharmacy damages for Caremark’s improper and unlawful assessment of DIR fees.

Education

  • Legal: New York Law School, J.D., cum laude
    • Articles Editor – New York Law School Law Review
  • Undergraduate: Rutgers College, Rutgers University

Admissions

  • State of New Jersey
  • State of New York
  • Commonwealth of Pennsylvania
  • State of Missouri
  • State of Arizona
  • State of Texas
  • Washington, D.C.
  • Supreme Court of Illinois
  • District of Columbia Court of Appeals
  • U.S. District Court, District of Arizona
  • U.S. District Court, District of Columbia
  • U.S. District Court, District of New Jersey
  • U.S. District Court, Southern and Eastern Districts of New York
  • U.S. Court of Appeals, Third Circuit
  • U.S. District Court, Eastern District of Michigan
  • U.S. District Court, Eastern District of Missouri
  • U.S. Supreme Court 

Publications

“Owning an In-Network Pharmacy and a Second Out-of-Network Pharmacy that Performs Compounding,” International Journal of Pharmaceutical Compounding, March 2010.

“Tips to Avoid Clashes Over Real Estate Commissions,” New Jersey Real Estate Journal, July 30, 2001.

Lectures

In June 2017, Jonathan presented “Preventing Unfair PBM Reimbursement and Strategies to Level The Playing Field” at the New Jersey Society of Oncology Managers (NJSOM) Annual Conference.

In March 2017, Jonathan presented “DIR Fees and Implications in HI Specialty Pharmacy” at the 14th Annual MHA Business Summit.

In March 2017, Jonathan presented “Challenging Abusive PBM Policies: A Case Study Into PBM Treatment of ‘Physician Dispensing’ and DIR Fees” for the National Community Oncology Dispensing Association (NCODA) 2017 Forum.

In February 2017, Jonathan presented “Legal Considerations for Chain Pharmacies in the Changing Reimbursement Landscape” at the National Association of Chain Drug Stores (NACDS) Regional Chain Conference.

In January 2017, Jonathan presented “Legal and Business Considerations for Human Resources When Addressing Pharmacy Benefits” at the Marcus Evans Employer Benefits Conference.

In 2017, Jonathan presented a webinar regarding “DIR Fees: What Are They and What Can Specialty Pharmacies Do About Them” in conjunction with National Association of Specialty Pharmacy (NASP).

In October 2016, Jonathan presented “Is PBM Power Limitless? A Look at Recent PBM conduct: CVS Physician Dispensing Guidance, ESI on Oral Oncolytic Exclusivity, and DIR Fees” at the 2016 NCODA Annual Symposium.

In 2016, Jonathan presented webinars in partnership with Mediware, including, “Medicare Part D: DIR Fees and ‘Preferred Cost Sharing Networks,” “Utilizing the Federal ‘Any Willing Provider’ Law to Access Medicare Part D Networks,” and “Governmental Investigations of Pharmacies and PBM Audits – The Rise in Medicaid Investigations and Changing PBM Audits.”

In June 2016, Jonathan presented a webinar regarding “Preparing Your Specialty Pharmacy for a Private Equity Acquisition” in conjunction with CohnReznick and the CSI Specialty Group.

Annually, Jonathan gives lectures regarding various legal, regulatory and contractual issues for organizations like IACP and ACA, speaking events including: IACP Educational Conference (2013, 2014, 2015), Compounders on Capitol Hill (2014, 2015), and the ACA – Compounding, What’s Happening Conference (2014, 2015)

Jonathan has also lectured at multiple events for Freedom Pharmaceuticals, including CPSI classes (August, September, and October 2013; November 2014, March 2015) and the Freedom Annual Seminar (2014, 2015).

In 2015, Jonathan gave a webinar for ACA regarding 503B Outsourcing Facilities and one for ACVP regarding Veterinary Compounding. He also spoke at the Mediware Elevate 2015 Conference regarding Specialty Pharmacies.

In 2013, Jonathan gave several lectures regarding various legal, regulatory, and contractual issues relating to pharmacies at Freedom Pharmaceuticals, Tulsa, OK.

In November 2011, Jonathan spoke at the NASPA Fall Symposium regarding changes in major PBM auditing practices and trends and PBM Manual revisions.

In April 2011, Jonathan spoke at the Independent Pharmacy Cooperative Conference regarding pharmacy audits.

In October 2010, Jonathan spoke at the National Community Pharmacists Association National Convention. The topic was “Navigating the Legal Waters of the Pharmacy Marketplace.”

In January 2010, Jonathan lectured to a group of attorneys at the Federal Trade Commission on the topic of pharmacy benefits management.

In October 2009, Jonathan was invited to speak at the National Community Pharmacists Association National Convention about various topics impacting community pharmacists.

On January 12, 2009, Jonathan E. Levitt, Esq. appeared on Fox Business News with David Asman’s America’s Nightly Scoreboard to discuss the Bernard Madoff Investment Securities, LLC scandal.

Achievements

In 2023, Jonathan was selected as an NJBIZ Leaders in Law honoree.

In 2006 – 2010, Jonathan was selected for inclusion on the New Jersey Rising Stars list. Jonathan has been selected for inclusion on the New Jersey Super Lawyers list from 2011 – 2023.

In August 2008, Jonathan was certified as a Member of the Million Dollar Advocates Forum. Membership is limited to attorneys who have won million and multi-million dollar verdicts, awards and settlements.

In 2007, Jonathan was appointed by the Supreme Court of New Jersey to District VB (Essex County – Suburban Essex) Ethics Committee (four year term beginning September 1, 2007).

In 2005, Jonathan was appointed as Presiding Commissioner on several Newark condemnation matters.

In April 2004, Jonathan received a Special Merit Award from the Essex County Bar Association.

In 2003, The Presiding Judge in Essex County appointed Jonathan as the Trustee to preside over the Law Practice of a Deceased Attorney who was a Solo Practitioner.

In 2003, Jonathan was appointed as a Co-Commissioner in an Newark Condemnation matter.

Supreme Court of New Jersey Certified Attorney Million Dollar Advocate logoEssex County Bar Association Special Merit Award

*No aspect of this advertisement has been approved by the Supreme Court of New Jersey or the American Bar Association. A description of the standard or methodology on which the accolades are based can be found at:

www.superlawyers.com/about/selection_process.html

https://milliondollaradvocates.com/Membership-Application-&-Qualification-Procedure