Barry I. Levy

Barry I. Levy


Rivkin Radler LLP

Recognized since 2017

Uniondale, New York

Practice Areas

Insurance Law

Litigation - Health Care

Litigation - Insurance

Lawyer of the Year Badge - 2024 - Litigation - Health Care
Navigate to map location for Barry I. Levy See Barry I. Levy on LinkedIn at https://www.linkedin.com/in/barry-levy-481ba613/
Lawyer of the Year Badge - 2024 - Litigation - Health Care Lawyer of the Year Badge - 2021 - Litigation - Health Care
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Barry I. Levy litigates complex insurance, healthcare, financial services, and labor/employment actions on behalf of institutional and individual clients.

Barry has tried dozens of complex cases over the course of his career.

He counsels healthcare, automobile, property, fidelity, and life insurers on claims handling practices and investigation techniques and the development of fraud prevention, detection, and recovery plans. He represents insurers in the defense of litigation challenging claims handling practices and seeking
payment on fraudulent claims and he prosecutes affirmative actions to recover insurance company claim payments to physicians, medical clinics, attorneys, public adjusters, and others involved in systemic claims fraud schemes.

Barry represents national and regional clients in the investigation and prosecution of affirmative litigation to recover assets lost as a product of defalcation and complex fraud and kickback schemes.

In addition, he represents welfare and pension plans as well as their boards of trustees and plan administrators in matters concerning ERISA compliance, fiduciary duty and prohibited transactions, challenges to plan denials of claims for benefits, challenges to investment decisions, and delinquent
employer contribution and collection claims.

He also represents clients in federal and state litigation, arbitration, mediation, and administrative proceedings in matters relating to collective bargaining, workplace employment practices (including discrimination and sexual harassment), reductions in force and other restructurings, employment policies and procedures, employee discipline and discharge, and employment agreements, restrictive covenants, and wage and hour practices.

The significant decisions he has obtained include:

  • Pedi v. Gov’t Emples. Ins. Co., 2014 U.S. App. LEXIS 11497 (2d Cir. 2014) (affirming summary judgment dismissing age discrimination and retaliation claims)
  • Petrosurance, Inc. v. Nat’l Ass’n of Ins. Comm’rs, 514 Fed. Appx. 51 (2d Cir. 2013) (affirming dismissal of more than $30,000,000 in civil RICO claims against insurance guaranty fund trade organization)
  • Spataro v. Gov’t Employers Ins. Co., 2014 U.S. Dist. LEXIS 109068 (E.D.N.Y. 2014) (dismissing putative class action claims under federal Fair Labor Standards Act and New York labor law)
  • Gov’t Emples. Ins. Co. v. Uptown Health Care Mgmt., 945 F. Supp. 2d 284 (E.D.N.Y. 2013) (denying motion to dismiss insurers’ civil RICO and fraud claims against Article 28 facility alleged to have operated in violation of state licensing laws)
  • Liberty Mut. Ins. Co. v. Excel Imaging, P.C., 879 F. Supp. 2d 243 (E.D.N.Y. 2012) (denying motion seeking dismissal of insurers’ civil RICO and fraud claims against professional corporation alleged to have operated in violation of state licensing laws and staying the professional corporation’s attempts to collect on its pending billing through arbitration)
  • Travelers Indem. Co. v. Valley Psychological, P.C., 2012 U.S. Dist. LEXIS 118190 (E.D.N.Y. 2012) (denying alleged insurance fraud ring’s motion to dismiss, for summary judgment, or to strike allegations in insurer’s fraud complaint)
  • Gov’t Emples. Ins. Co. v. Hollis Med. Care, P.C., 2011 U.S. Dist. LEXIS 130721 (E.D.N.Y. 2011) (on motion for reconsideration, reinstating RICO claims brought by insurer against alleged insurance fraud ring that previously had been dismissed)
Barry’s articles on insurance law have appeared in the New York Law Journal, among other places, and he has spoken at the New York Anti-Car Theft and Fraud Association Annual State Education Conference, the Insurance Fraud Management Conference, the New York State Chapter of Special Investigation Units, and the Coalition Against Insurance Fraud.

Location
  • West Tower, 926 RXR Plaza
    Uniondale, NY 11556-0926
Education
  • The Ohio State University, J.D.
  • The Ohio State University, BA
Bar Admissions
  • New York, New York State Bar
Affiliations
  • American Bar Association - Member
  • New York County Lawyers' Association - Member of the Committee on Federal Courts
  • New York State Bar Association - Member
Court Admissions
  • U.S. District Court for the Eastern, Southern and Northern Districts of New York
  • U.S. Court of Appeals for the District of Columbia Circuit
  • U.S. Supreme Court

Rivkin Radler LLP
Headquarters: Uniondale, New York

30 The Best Lawyers in America® awards

22 Best Lawyers: Ones to Watch® in America awards

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Lawyer of the Year Badge - 2024 - Litigation - Health Care Lawyer of the Year Badge - 2021 - Litigation - Health Care
Named "Lawyer of the Year" by Best Lawyers® for:
  • Litigation - Health Care, Long Island (2024)
  • Litigation - Health Care, Long Island (2021)
Recognized in The Best Lawyers in America® 2024 for work in:
  • Insurance Law
  • Litigation - Health Care
  • Litigation - Insurance
Special Focus:
  • COVID-19
Awards:
  • Since 2014 Barry was named to New York Metro Super Lawyers in Business Litigation.
Additional Areas of Practice:
  • Commercial Litigation
  • Employment Law - Management
  • Litigation - Labor and Employment

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Publications

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