Pierre H. Bergeron

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.