Bryce L. Friedman is a Partner in the Firm’s Litigation Department. He concentrates on representing clients in complex commercial disputes and in responding to allegations of fraud. Representative recent engagements are listed below.
Bryce has particular experience in the insurance and reinsurance business. He has represented insurers in a variety of commercial, coverage, reinsurance and trade practice disputes. He has litigated and arbitrated disputes to conclusion in state and federal courts and arbitral forums across the United States. He is recognized by Chambers as a notable practitioner, and described by market commentators as having a “flourishing practice representing insurers in coverage disputes as well as in high profile cases revolving around alleged False Claim Act violations.” He receives high praise for his “top-notch strategic thinking.” He is also recognized as a national “Litigation Star” for insurance by Euromoney’s Benchmark Litigation and was named a “Rising Star” by Law360.
Bryce also regularly represents clients in responding to whistleblowers’ allegations of fraud, including False Claims Act violations. He assists clients with investigations of such allegations and litigates False Claims Act (FCA) claims when necessary. Bryce has achieved dismissal with no payment of a series of FCA whistleblower litigations including: cases in Houston, Texas and New Orleans, Louisiana arising out of the National Flood Insurance Program; cases in Buffalo, New York against financial institutions arising from the Medicare Secondary Payor Act; a case in San Diego, California against a major bank relating to the 2008 financial crisis. Bryce achieved a favorable resolution for the City of New York of a multibillion-dollar False Claims Act suit brought by the United States Attorney for the Southern District of New York alleging health care fraud just days before trial.
Bryce has litigated extensively in bankruptcy court and tried contested matters for both debtors and creditors. He represented the objecting creditors who defeated confirmation of ACandS, Inc.’s Chapter 11 plan of reorganization. He also represented Motor Coach Industries in achieving confirmation of its contested Chapter 11 plan of reorganization.
Bryce’s clients regularly call on him to assist in managing crises and unusual events pre-litigation. Such engagements often involve personnel issues, potential data breaches and theft of information, financial reporting, regulatory inquiries and unexpected product or business failures in the business and professional services, consumer products, financial services and transportation industries.
Bryce received his B.A., cum laude, from Dartmouth College in 1994. He graduated from Columbia University School of Law in 1997, where he was a Harlan Fiske Stone Scholar. Prior to joining the Firm, he served as a law clerk for the late United States District Judge Shirley Wohl Kram in the Southern District of New York.
Bryce is co-chair of the Firm’s Legal Personnel Committee. In addition, he is involved in substantial pro bono work including supervising Simpson Thacher’s ongoing legal clinic at the Bushwick Campus Schools in Brooklyn and serves on the Board of Volunteers of Legal Services, Inc. He was also a New York State–certified emergency medical technician and a volunteer EMS provider in New York City for over 20 years.
Recent Reported Representations
- Won appeal dismissing claim against reinsurer alleging tortious interference with claims handling by primary insurer: OneBeacon America Insurance Company v. Colgate-Palmolive Co., et al., 123 A.D.3d 222 (N.Y. App. Div. 2014)
- Won recommendation of dismissal of False Claims Act suit alleging Medicare fraud by insurer:United States ex rel. Hayes v. Allstate Insurance Company, et al., No. 12–CV–01015–WMS–JJM (W.D.N.Y. Oct. 16, 2014)
- Won dismissal of False Claims Act suit alleging fraud under National Flood Insurance Program by insurer:United States ex rel. Sonnier v. The Standard Fire Insurance Company, et al., 84 F.Supp.3d 575 (S.D. Texas 2015)
- Won confirmation of two separate arbitration awards after lengthy, highly contested hearings for cedents seeking reinsurance for long-tail liability claims: American Home Assurance Co., et al. v. Transatlantic Reinsurance Co., Index No. 162004/2014, Dkt. No. 20 (N.Y. Sup. Ct. Apr. 16, 2015); Continental Insurance Co. v. Transatlantic Reinsurance Co., Case No. 1:14-cv-09285, Dkt. No. 22 (N.D. Ill. Jan. 27, 2015)
- Won appeal establishing standard for pleading violations of unfair trade practices statute:Resolute Management Inc. & another v. Transatlantic Reinsurance Company & another, 87 Mass.App.Ct. 296 (Mass. App. Ct. 2015)
- Won recommendation of dismissal of False Claims Act suit alleging Medicare fraud:United States of America ex rel. Takemoto v. Ace, Ltd., et al., No. 11-CV-00613-WMS-JJM, 2015 WL 7709410 (W.D.N.Y. June 24, 2015)
- Won dismissal of guaranty insurer’s claim under N.Y. Insurance Law alleging sponsor of CDO is responsible for insurer’s losses:CIFG Assur. North America, Inc. v. J.P. Morgan Securities LLC, No. 654074/2012, 2015 WL 3922134 (N.Y. Sup. Ct. June 26, 2015).
- Won appeal for insurer establishing no coverage for False Claims Act suit under errors & omissions policy form:Certain Underwriters at Lloyd’s London v. Huron Consulting Group, Inc., 127 A.D.3d 663 (N.Y. App. Div. 2015)
- Won dismissal for insurer establishing no coverage for class actions alleging false advertising and unfair trade practices:LifeLock, Inc. v. Certain Underwriters at Lloyd's, London, Index No.51577/2015 (N.Y. Sup. Ct. Nov. 25, 2015)