Bergeron, Pierre H.

Pierre H. Bergeron

Partner

Pierre Bergeron is the chair of the Squire Patton Boggs Appellate & Supreme Court Practice Group and he has argued at appellate courts across the country, including multiple US Supreme Court arguments.

Pierre formerly clerked for The Honorable David A. Nelson of the Sixth Circuit Court of Appeals, and he is frequently tapped by judges to serve on important committees, such as the Sixth Circuit Rules Advisory Committee. He is a recognized author and speaker on appellate practice, and he is widely quoted in the media on appellate matters. 

Pierre has a national practice largely focused on appellate and healthcare-related litigation. 

Pierre has handled hundreds of appeals in federal and state appellate courts across the country, and has had recent wins in the Sixth, Ninth, and Eleventh Circuits. Many of his appellate matters involve bet-the-company or other high-stakes cases. He recently prevailed in the Sixth Circuit on a US$500 million case involving a bank holding company, successfully preserved a win on appeal concerning a US$50 million CERCLA claim, and successfully won an appeal for a nonprofit hospital concerning control of over US$500 million in charitable assets. As a testament to his reputation, lawyers and major law firms have also turned to Pierre to handle delicate sanctions issues on appeal, and Pierre recently argued a case at the US Supreme Court concerning inherent authority sanctions.

Pierre also helps lead the firm’s healthcare litigation practice, representing an array of clients in the healthcare industry. This includes representing a hospital in litigation against a JOA system; representing parties in False Claims Act litigation and related investigations; representing a drug manufacturer in a pharmaceutical products liability MDL; and representing managed care organizations in a variety of provider-based litigation. Pierre has successfully handled a class action concerning a non-par provider’s prompt pay claims (obtaining summary judgment on ERISA and Medicare claims before defeating class certification), successfully defeated a TRO in an action brought by an MSO against an MAO related to contract termination and prevailed in arbitration over a pharmacy termination based on fraud, waste and abuse issues. He is often engaged to assist healthcare clients with business and structural issues, either in litigation or in litigation-avoidance counseling. 

Pierre brings a pragmatic touch to often-difficult situations in healthcare disputes, ascertaining the client’s goals early on in order to forge the appropriate litigation or negotiation strategy. Pierre’s experience and expertise in this area has prompted the American Arbitration Association to invite him to join the AAA as an arbitrator focused on commercial and healthcare disputes.

Pierre has been included in Chambers USA each year since 2010. He was selected for inclusion in Ohio Super Lawyers – Rising Stars, a distinction that recognizes lawyers under the age of 40 or those in practice for 10 years or less. He has been listed in The Best Lawyers in America since 2013 and as a future star in Ohio by Benchmark: Litigation.

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Appellate

  • Prevailed at Sixth Circuit in a pair of appeals concerning a stock purchase agreement and related due process issues with exposure exceeding US$50 million.
  • Obtaining reversal by the Sixth Circuit of a multimillion-dollar judgment against an insurer based on an unclean hands defense.
  • Obtaining vacatur of a foreign antisuit injunction by the Eleventh Circuit that had prevented a Costa Rica-based client from proceeding with litigation in Costa Rica.
  • Obtaining affirmance at the Sixth Circuit of judgment in US$500 million bankruptcy dispute between FDIC and bank holding company.
  • Obtaining mandamus relief from the Sixth Circuit that overturned a district court decision compelling county prosecutors to testify over privilege objections.
  • On behalf of an international law firm, successfully obtained discharge of sanctions show cause order before the Ninth Circuit related to mandamus petition.

Trial Level

  • Currently defending various payor-provider disputes concerning UCR calculations and related emergency treatment issues with cases aggregating more than US$100 million in claimed exposure.
  • Obtaining dismissal based on international abstention grounds of action that sought to collaterally attack a US$14 million judgment from the Dominican Republic.
  • Representing a nonprofit hospital in a case that prevailed after a five-week trial with a determination that the hospital was entitled to leave the healthcare system of which it was a member and that the system had breached fiduciary duties to the hospital.
  • Prevailing in arbitration regarding a dispute over provider termination related to fraud, waste, and abuse.

Pro Bono Experience

  • Obtaining reversal of murder conviction by Kentucky Supreme Court based on the trial court’s failure to admit exculpatory evidence.
  • Succeeding in a 4-3 decision before the Ohio Supreme Court in a case in which the Court held that “cash only” bonds were unconstitutional under Ohio’s constitution.
  • Securing the reversal of a felony conviction before the Sixth Circuit based on a Confrontation Clause violation.
  • Coordinating the appellate strategy in a case in which DNA evidence discovered after filing the appeal led to the complete exoneration of a client and vacatur of a life sentence for a murder conviction.

Education

  • University of Virginia, J.D., executive editor, Journal of Law and Politics, 1999
  • Centre College, B.A., cum laude, Phi Beta Kappa, 1996

Admissions

  • Ohio, 1999
  • District of Columbia, 2009
  • Florida, 2012
  • Kentucky, 2005

Courts

  • U.S. Supreme Court
  • U.S. Ct. of App., Second Circuit
  • U.S. Ct. of App., Fifth Circuit
  • U.S. Ct. of App., Sixth Circuit
  • U.S. Ct. of App., Seventh Circuit
  • U.S. Ct. of App., Ninth Circuit
  • U.S. Ct. of App., Eleventh Circuit
  • U.S. Ct. of App., Federal Circuit
  • U.S. Ct. of App., District of Columbia Circuit
  • U.S. Dist. Ct., E. Dist. of Kentucky
  • U.S. Dist. Ct., W. Dist. of Kentucky
  • U.S. Dist. Ct., E. Dist. of Michigan
  • U.S. Dist. Ct., N. Dist. of Ohio
  • U.S. Dist. Ct., S. Dist. of Ohio
  • U.S. Dist. Ct., E. Dist. of Tennessee
  • U.S. Dist. Ct., Middle Dist. of Florida
  • U.S. Dist. Ct., S. Dist. of Florida
  • U.S. Dist. Ct., Dist. of Columbia

Languages

  • English
  • Recognized in Chambers USA 2017 Edition for: Ohio - Litigation: General Commercial
  • Recognized as a Future Star in Ohio, Benchmark Litigation 2017
  • Recommended in Chambers USA 2016 Edition for Litigation: General Commercial in Ohio

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