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Experience:
Debra Bogo-Ernst represents national and multi-national corporations in complex litigation, and has significant bench and jury trial experience in federal and state courts. Her clients are from a wide range of business sectors, with particular emphasis in financial services, the chemical industry, and health care, including pharmaceuticals and medical devices.
In general commercial matters, Debra’s work includes product liability litigation, class action defense, non-competition litigation, contract disputes, insurance disputes, qui tam litigation, and preferred agent claims. Debra also defends pharmaceutical clients in litigation related to direct-to-consumer advertising and marketing. On behalf of lenders and financial service clients, her work in class actions and other disputes includes defense of consumer fraud, Equal Credit Opportunity Act claims and Truth-in-Lending Act claims.
Also for the health care industry, including pharmaceutical and medical device companies, Debra has an active practice advising on various regulatory and compliance matters. These include, for example, privacy issues under the Health Insurance Portability and Accountability Act (HIPAA) as well as fraud and abuse issues under Stark and federal and state anti-kickback laws.
Debra has practiced in Mayer Brown’s Chicago office since joining the firm in 2000.
Notable Engagements:
Defended a leading global bank in Illinois state court in a multi-million dollar lawsuit alleging violation of a remarketing agreement, resulting in $0 judgment against the client following trial.
Served as part of a team that secured a $100 million federal court jury verdict on behalf of a major international chemical company, against an insurer in a dispute over product liability insurance coverage.
Defended multi-national litigation on behalf of a pharmaceutical corporation involving marketing claims related to the safety and efficacy of a prescription drug, obtaining favorable settlements in both the United States and abroad.
Represented a global pharmaceutical company in litigation relating to medical food labeling and related claims of negligence, strict liability, and wrongful death, with responsibility for court proceedings and depositions of various medical personnel (including physicians, nurses, and respiratory therapists).
Successfully prosecuted litigation, on behalf of a global pharmaceutical company, to bar a state from enforcing its law prohibiting advertising of controlled substances, obtaining a permanent injunction based on the First Amendment and the Commerce Clause that prohibits the state from enforcement of the law.
Successfully defeated, in a preliminary injunction hearing, a physician’s attempt to evade an employment agreement’s non-competition clause.
Defended various clients in all aspects of a complex, multi-million dollar case brought by a defunct hospital’s largest creditor to recoup its investments, with claims in the case involving fraud, breach of fiduciary duty, and breach of contract arising from alleged Medicare and Medicaid fraud at the hospital.
Represented a medical device manufacturer in a multimillion dollar breach of contract dispute arising from preferred leasing agent status.
Education:
University of Illinois College of Law, JD, magna cum laude, 2000; University of Illinois Law Review, University of Illinois, Urbana-Champaign, BA, cum laude, 1997; Phi Beta Kappa. | 