Overview
Warren Haskel is a commercial litigator who represents clients in class actions and other complex litigation throughout the country, including in federal and state trial courts, arbitration proceedings and appeals. His matters have spanned a variety of industries, with a focus in healthcare, consumer products and private equity.
Among other areas of the law, Warren has handled disputes involving ERISA, the Sherman Act and its state equivalents, RICO, breach of contract, bankruptcy and consumer protection statutes. In addition to representing clients in court proceedings, he regularly advises healthcare companies on compliance with federal and state laws and regulations, including in areas of claims administration, fiduciary duties and benefits design. He has also advised private equity and other corporate clients on non-compete and non-solicit obligations of partners and employees.
Results
- Represented healthcare insurance company in a putative class action alleging ERISA, state contract, and RICO violations regarding how the company calculated member cost-share and plan benefit payments for specialty care services arranged through third-party vendors. Successfully defeated class certification, after which named plaintiffs stipulated to dismissal
- Represented healthcare insurance company in a putative class action brought by substance abuse treatment facilities challenging the company’s reimbursement of out-of-network claims based on pricing supplied by a third-party vendor, including under antitrust and RICO theories. Successfully moved to dismiss the complaint in its entirety, including the antitrust claims with prejudice. Instead of amending their complaint, the facilities voluntarily dismissed
- Represented a health insurance company in a series of putative class actions alleging ERISA, antitrust, and RICO violations regarding the health insurer’s payment practices for out-of-network benefits based on insurer’s use of a third-party database. District court denied health plan subscribers’ multiple motions for class certification and granted summary judgment to client, and the Third Circuit affirmed*
- Represented a purchaser of waste management company in its defense against an indemnification claim challenging the purchaser’s refusal to cover certain pre-purchase insurance charges. Successfully argued the appeal before the Delaware Supreme Court after the Delaware Court of Chancery ruled in client’s favor, leading to complete victory for the client*
- Represented a health insurance company in defense of antitrust claims brought by North Carolina state chiropractors. After securing dismissal at the trial court level, successfully argued appeal before the North Carolina Supreme Court, leading to complete victory for the client*
- Represented a corporate advisor in defense of a suit arising from a dispute between co-founders of a legal services company. After state trial court dismissed claims against the corporate advisor, successfully argued appeal, leading to complete victory for the client*
- Represented a world-leading textile manufacturer in defense of putative class actions alleging product mislabeling, including successful defense to challenges in multiple courts to class-wide settlement*
- Represented a health insurance company against a hospital claiming tens of millions of dollars in underpayments under ERISA, RICO, and common-law theories. After a two-week trial, district court ruled completely in the client’s favor, and the Fifth Circuit affirmed*
- Represented a technology and consulting corporation in contract and fraud suit related to enterprise resource planning software installation*
- Represented an energy public utility company as majority investor in dispute over its contractual right to drag minority investor in connection with third-party sale*
*Matter handled prior to joining McDermott
Recognitions
- Legal 500 US, 2021 and 2022
- Chambers USA, 2021, Commercial Disputes
- Super Lawyer, 2023
- Super Lawyer, Rising Star, 2015–2019
- Recipient of The Legal Aid Society’s 2010 Pro Bono Publico Award
Credentials
Education
Tulane University Law School, JD, magna cum laude, Order of the Coif, 2008
New York University, BA, cum laude, 2004
Courts/Agencies
US Court of Appeals for the Third Circuit
US Court of Appeals for the Fifth Circuit
US Court of Appeals for the Sixth Circuit
US Court of Appeals for the Ninth Circuit
US District Court for the Eastern District of New York
US District Court for the Southern District of New York
US District Court for the District of Colorado
Admissions
New York
