Jonathan E. Levitt

Co-Managing Partner

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 PBM hearing can be viewed on finance.senate.gov/hearings.

Jonathan is a trial attorney 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. Jonathan has tried numerous litigations or arbitrations involving Medicare Part D “Direct and Indirect Remuneration” (DIR) Fees. In addition, he represents state Medicaid systems and Fortune 100 companies auditing PBMs.

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

Professional Affiliations

American Bar Association
New Jersey State Bar Association
New York State Bar Association
American Trial Lawyers Association
Computer Law Association
American Trial Lawyers Association – Construction Site Accident Litigation Group
Nail Gun Injury Group

New Jersey Supreme Court – Certified Attorney

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.

Bar Admissions

New Jersey
New York
Pennsylvania
Missouri
Arizona
Texas
Washington, D.C.

Court Admissions

U.S. District Court, District of New Jersey
U.S. District Court, Southern and Eastern Districts of New York
U.S. District Court, District of Arizona
U.S. District Court, District of Columbia
U.S. District Court, Eastern District of Michigan
U.S. District Court, Eastern District of Missouri
U.S. Supreme Court
U.S. Court of Appeals, Third Circuit
District of Columbia Court of Appeals
Supreme Court of Illinois

Representative Matters

Represented New York Cancer & Blood Specialists, against Caremark, L.L.C., Caremark PCS, L.L.C., SilverScript Insurance Company and Aetna Inc. in an arbitration regarding Direct and Indirect Remuneration (“DIR”) fees successfully obtaining an arbitration award from a three-member panel directing Caremark to pay New York Cancer & Blood Specialists more than $22 million in compensatory damages, interest, and attorney’s fees.
Negotiated a $22 million settlement on behalf of a publicly traded specialty pharmacy against a major PBM for improperly assessed DIR fees. The settlement included negotiating more favorable reimbursement rates for the specialty pharmacy going forward.
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 $9.1 million confidential settlement on behalf of a healthcare vendor from an MAO, in a matter concerning, among other things, a dispute regarding risk adjusted capitated payments to a full risk IPA
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 $5.25 million settlement for a Medically-Integrated Dispensing Pharmacy against a major PBM based upon the PBM’s breach of contract and improper recoupment of DIR fees against the pharmacy.
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.
Negotiated a $3.5 million settlement on behalf of a Specialty Pharmacy against a major PBM. This included an additional estimated $10 million+ in negotiated non-monetary contract reimbursement terms.
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.
Obtained a $3.1 million arbitration award for a Medically-Integrated Dispensing Pharmacy against a major PBM based upon the PBM’s improper and unlawful assessment of DIR fees against the pharmacy.
Negotiated a $2.1 million settlement for an Oncology Practice against a major PBM.

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.

Awards & Recognition

The Best Lawyers in America®, Health Care Law (2026)
Crain’s New York Business, Notable Litigators & Trial Attorneys (2025)
New Jersey Super Lawyers (2011 – 2025)
NJBIZ, Leaders in Law (2023)

Crain’s New York Business 2025

Named to Crain’s New York Business 2025 Notable Litigators & Trial Attorneys.

Million Dollar Advocates Forum

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.

Essex County Bar Association

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

Please see Honor and Award Methodology page. No aspect of this advertisement has been approved by the Supreme Court of New Jersey.

Jonathan E. Levitt

New Jersey Supreme Court – Certified Attorney

Representative Matters

Recent Articles

Johnson & Johnson ERISA Class Action Highlights the Challenges in Holding Employers Liable for PBM Misconduct

Oklahoma Attorney General Announces $32 Million Settlement Against Caremark for Retained Rebates

House Oversight Committee Expands Investigation Into Overseas Rebate Aggregators Ascent and Emisar

Whistleblower Complaint Highlights Need to Audit Third Party Insurance Brokers Under ERISA and the CAA

The National Association of Chain Drug Stores Inc. Challenges Texas Pharmacy Rule Updates on Medicaid Reimbursement

Caremark and Express Scripts Sue Arkansas, Claiming Act 624 is Unconstitutional

Jonathan Levitt, Terence Park and Matthew Modafferi Published in BenefitsPRO “Trump’s PBM Compensation Moves: Evolving Regulations and Compliance Obligations”

Jonathan Levitt Featured in AIS Health “Trouble in the Sunshine State: Objections Mount Over Florida’s PBM Law”

Plan Sponsor Alert: JPMorgan Chase Faces ERISA Class Action Lawsuit Over CVS Caremark’s PBM Practices

Plan Sponsor Alert: OIG’s Audit of Compass Rose (Governmental) Health Plan Reveals Express Scripts Retained Over $15 Million in Spread and Rebates

Corporate Transparency Act: Enforcement Suspended for U.S. Businesses

First Circuit Decision Complicates Growing Circuit Split on the Causation Standard for FCA Suits Based on Kickback Violations