Since its founding more than two decades ago, Smith & Brink has successfully represented clients in state and federal courts in a variety of civil litigation matters. Smith & Brink’s professionals share a commitment to delivering quality, impactful, and cost-effective results for our clients. Our expertise and reputation often allows clients to avoid litigation. When litigation is required, we provide unparalleled advocacy at both the trial and appellate level. From our largest Fortune 100 company clients to individual whistleblowers seeking our expertise, Smith & Brink provides each client with thoughtful and dedicated representation.
To serve our client base, Smith & Brink maintains offices across the country, including Massachusetts, Michigan, New York, Pennsylvania, and Rhode Island. Our presence “on the ground” ensures keen insight into local law and allows us to shape the legal landscape on behalf of our clients, including setting new legal precedent. We also advocate for our clients in the highest courts of the country and have successfully resolved cases involving hundreds of millions of dollars.
Our attorneys are recognized for being leaders in their fields. They have been asked to present and participate in seminars across the country and have been quoted in numerous articles and publications. All of Smith & Brink’s attorneys are actively involved in the legal community and in their respective practice areas. Smith & Brink’s legal professionals are marked by their deep understanding of complex and specific areas of law. Our attorneys are also creative and innovative, and have succeeded in establishing favorable precedent for our clients. Most importantly, Smith & Brink gets superior results for our clients year after year, which is why several of our clients have sought out Smith & Brink’s services for decades. Our clients’ trust and confidence is our goal and greatest reward.
Smith & Brink concentrates in a wide variety of complex civil litigation and we invite you to visit our Practice Areas page for in depth information regarding specific areas of law. An overview of some of our areas of practice includes:
- Civil RICO Litigation – Since our landmark RICO victory in Aetna v. P&B Auto Body, 43 F.3d 1543 (1st Cir. 1994), Smith & Brink has continuously represented business victims of insurance fraud in litigation seeking recovery under the federal RICO Act. Our Complex Business Litigation Group has grown to handle a broad range of complex insurance disputes, and our attorneys have successfully pursued and secured judgments and settlements totaling hundreds of millions of dollars for our clients in these matters throughout the country. We also have extensive experience working with experts, private investigators, and law enforcement to help achieve our clients’ goals of loss mitigation and the recovery of wrongfully-obtained insurance payments.
- Healthcare Transactions and Litigation – Our attorneys have a deep understanding of the complex healthcare statutes and regulations with which our insurer and payor clients must contend, including compliance, HIPAA, licensing, and negotiated fee agreements. Our attorneys are also attuned to how healthcare fraud and abuse has developed and evolved in recent years. Our understanding of these schemes allows Smith & Brink to achieve significant recoveries and cost-savings for our clients. Beyond the more “traditional” types of healthcare fraud and abuse such as providing unnecessary services and billing for services not rendered, our attorneys have fostered a deep understanding of emerging fraud and abuse trends associated with layperson control of licensed healthcare providers, prescription drug compounding, bogus/fabricated diagnostic and toxicology testing, and prescription drug repackaging. Using proactive, innovative, and creative approaches to these emerging—and costly—issues, Smith & Brink attorneys have achieved several favorable and cost-saving results for our clients, often without having to resort to litigation.
- False Claims Act Litigation – Smith & Brink is a leader in False Claims Act/whistleblower litigation and has been involved in cases that have resulted in payments of hundreds of millions of dollars from defendants who have defrauded the government. Our False Claims Act work spans the entire spectrum of fraud against the government, including healthcare and non-healthcare false claims. Smith & Brink attorneys have successfully litigated matters under the federal False Claims Act and its state equivalents. Smith & Brink utilizes its experience in working with federal and state prosecutors and law enforcement to investigate, develop, and litigate False Claims Act cases.
- Insurance Litigation – Since its founding, Smith & Brink has been aligned with the insurance industry, including consulting on policy language, developing claims handling protocols, filing declaratory judgment actions to establish new law or clarify existing law, and defending insurers in all manners of coverage and payment disputes. We have the depth and breadth of experience to handle every type of insurance dispute, and we utilize our entire team to ensure cost-effective desired outcomes. We assist insurers in all phases of insurance claims, including providing coverage opinions, conducting Examinations Under Oath, arbitration disputes, and defending lawsuits. We offer the legal insight and analysis necessary to make informed and timely claim-related decisions in several contexts, including first-party/PIP, uninsured (UM) and underinsured (UIM) litigation, third-party/bodily injury (BI) litigation, and coverage/priority disputes.