Jeffrey J. Bushofsky
With 20 years of experience, Jeff is an accomplished trial lawyer who represents private equity firms and their portfolio companies in complex transactional litigation, health care disputes, and securities cases. Jeff has taken national consumer fraud class actions to trial, litigated multi-district actions in the health care and securities areas, and led cases involving technology, professional malpractice, sports and entertainment law, and white collar crime. Drawing from his litigation experience, Jeff leads internal investigations of portfolio companies for private equity clients to assess and minimize risk to fund managers and their investors. He also advises on deals for private equity clients regarding litigation risk and due diligence, as well as the negotiation and drafting of terms bearing on post-closing disputes.
Jeff is committed to pro bono work. In early 2014, he led a pro bono team in the first civil rights case under the Patient Protection and Affordable Care Act. Jeff also handles fraud and family law matters for indigent and disabled individuals, as well as asylum cases.
- East v. Blue Cross and Blue Shield of Louisiana, et al. (M.D. La. 2014): successful action under the Affordable Care Act’s nondiscrimination provisions, addressing the disparate impact on people living with HIV from insurers’ anticipated rejection of federal Ryan White funds.
- Prosecuting pharmaceutical industry trade secrets litigation against client’s competitors in European arbitration before the ICC.
- Defending private equity sponsored health care and consumer products companies in several ongoing actions and investigations arising under the federal False Claims Act and state law equivalents.
- Defending shareholder strike suits and appraisal actions in Delaware, New York and Illinois courts arising from various private equity take-private transactions.
- Recovered a multi-million dollar arbitration award for a private equity client defrauded in a fund-to-fund portfolio company sale.
- Secured the favorable settlement of a 9-figure post-closing claim by a public company buyer against private equity clients for allegedly concealing their former portfolio company’s liabilities in Asia, and relying on pro-seller terms negotiated into the sales contract on Jeff’s advice.
- Obtained dismissal of a $50 million federal action against a major Internet company in the Northern District of Illinois alleging violations of the Computer Fraud and Abuse Act.
- Obtained dismissal of a multistate consumer fraud class action against a national insurer in Madison County, Illinois alleging unfair claims practices.
- Obtained dismissal of a federal consumer fraud class action against a well-known food manufacturer in the Northern District of California.
- Defeated numerous state and federal consumer class actions against hospital systems related to billing and collection practices.
- Defeated a string of arbitrations brought by investors alleging securities fraud against a leading financial services company.
- Co-author, “The Broad Reach of Medicare Act’s Preemption Provision,” Law360 (November 28, 2017)