Stephen (Steve) Kuperberg, is a Partner in the firm’s Health Care and Litigation & Government Investigations practice groups. With over 25 years of experience in both private and public service, Mr. Kuperberg’s practice encompasses a broad spectrum of litigation, regulatory and advisory matters, with a particular focus on issues related to the 340B drug discount program, health care fraud, contract disputes and the False Claims Act (FCA). His clients include nonprofits in health care and education, such as 340B covered entities and their stakeholders, along with government contractors.

Beyond his legal practice, Mr. Kuperberg has demonstrated a commitment to issues such as education, engagement and advocacy. He spent seven years leading nonprofit advocacy organizations in Washington, DC, and played a pivotal role in founding Community Voices for 340B, the first educational nonprofit dedicated to promoting community awareness of and engagement regarding the 340B program.

Following law school and a judicial clerkship, Mr. Kuperberg served as a trial attorney for the U.S. Department of Justice, Antitrust Division, National Criminal Enforcement Section as well as a state prosecutor with the State’s Attorney Office for Montgomery County, Maryland. His extensive courtroom experience includes first-chairing hundreds of cases to verdict before judges and juries at both state and federal levels.

Mr. Kuperberg is a prolific author and speaker. His insights are regularly featured in publications such as the 340B Report, Bloomberg BNA’s Medicare Report and Law360. Additionally, he has taught an internal investigations course for The George Washington University Healthcare Compliance certification program.

Published Works

  • “3 Things Hospitals and Grantees Need to Know about the Genesis Decision,” 340B Report, November 2023.
  • “340B and Dispute Resolution—Challenges and Opportunities,” 340B Report, June 2020.
  • “Manufacturer Overcharges under 340B: How to Right a Wrong,” March 2019 (with William von Oehsen).
  • “Five Things Hospitals Can Do Now to Protect Themselves from EHR Incentive Payment Pitfalls,” Bloomberg BNA’s Medicare Report, August 2017 (with Mark Fitzgerald and Jim Pyles).
  • “Cartel Investigations Under Trump: Turning the Page, or Throwing the Book?” BNA Banking and BNA Antitrust, February 6, 2017.
  • “Expert Analysis: Do Not Expect Lax Financial Enforcement Under Trump,” Law360, December 23, 2016.
  • “Whose Certification Is It Anyway? Limitations on Implied Certification Liability Under the Civil False Claims Act,” ABA Health Care Law Conference, January 2009 (with Jonathan Diesenhaus and Thomas Widor).
  • Biweekly column for The Times of Israel, January to December 2012.
  • Maryland Procurement Alerts, 2021 to 2022 (with Scott Livingston and Barry Gogel).

Classes/Seminars Taught

  • The George Washington University, Healthcare Compliance Certification Program

Previous Experience

  • State Attorney’s Office for Montgomery County, Maryland; Assistant State’s Attorney (2002-2004)
  • U.S. Department of Justice, Antitrust Division, National Criminal Enforcement Section (2000-2002)
A headshot of Steve Kuperberg, Partner.

Education

  • J.D., University of Michigan Law School, cum laude, Order of the Coif (1996), Semifinalist, Campbell Moot Court
  • A.B., University of Michigan (1991), with distinction

Law Journals

  • Contributing Editor, Michigan Law Review

Clerkships

  • Law Clerk for the Honorable Benson E. Legg, U.S. District Court for the District of Maryland (1997-1998)

Bar/Court Admissions

  • District of Columbia
  • Maryland