Jeffrey H. Horowitz is a Partner in Kaye Scholer’s New York office. He maintains a diverse litigation practice that includes product liability, patent, complex commercial and white collar matters. As part of his practice, Mr. Horowitz frequently represents pharmaceutical manufacturers in mass tort product liability actions, federal and related state investigations and qui tam litigations. He also counsels clients regarding Food, Drug, and Cosmetic Act, False Claims Act, Anti-Kickback Statute, and Foreign Corrupt Practices Act compliance issues, performs compliance reviews, and constructs remediation programs.
Mr. Horowitz has tried cases in federal and state courts around the country, including New York, California, New Jersey, Maryland and the District of Columbia. Prior to joining Kaye Scholer in 2001, Mr. Horowitz was an Assistant Attorney General with the State of New York Office of the Attorney General, where he represented the State, its agencies and employees in civil rights and tort actions before the United States District Courts for the Southern and Eastern Districts of New York, and New York state courts. Mr. Horowitz began his career after graduating cum laude from Temple University School of Law in 1995 as a trial lawyer in Maryland and the District of Columbia, where he handled civil and criminal cases.
Mr. Horowitz is a member of the adjunct faculty at Columbia University School of Law, where he teaches trial practice.
Representative Matters
Product Liability
- Mr. Horowitz is the lead Kaye Scholer lawyer representing AstraZeneca in actions filed in federal and state courts in New York alleging that its local anesthetics cause chondrolysis (loss of cartilage). He also has national responsibility for FDA experts, regulatory issues and company witnesses.
- As a member of the co-national counsel team defending AstraZeneca against thousands of lawsuits alleging that its antipsychotic medication Seroquel causes diabetes, Mr. Horowitz is responsible for FDA experts, company witnesses and discovery of individual cases.
- In two prior national pharmaceutical product liability litigations — Pfizer/Rezulin (allegations that antidiabetic drug caused liver injury) and Novartis/PPA (allegations that over-the-counter cough/cold medications caused strokes) — Mr. Horowitz was a key member of Kaye Scholer’s national counsel teams that successfully managed and resolved each litigation. In that role, he was responsible for national experts, company witnesses, coordination of regional/state litigations and discovery of individual cases.
Patent Litigation
- On behalf of Pfizer, Mr. Horowitz co-tried the case that successfully defended the patents for celecoxib, the active ingredient in Celebrex, in the U.S. District Court for the District of New Jersey.
- Mr. Horowitz co-tried a patent infringement case on behalf of Chiron involving a drug/device combination designed to treat cystic fibrosis in the U.S. District Court for the Northern District of California.
Government Investigations
- Mr. Horowitz represents a major pharmaceutical company in a federal government investigation involving allegations of off-label promotion, violations under the False Claims Act, anti-kickback statute violations and other sales, marketing and pricing practices.
- Mr. Horowitz represented a generic pharmaceutical company in a federal government investigation stemming from a qui tam lawsuit alleging violations under the False Claims Act.