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Emily M. Yinger
Partner, Northern Virginia
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emily.yinger@hoganlovells.com

Emily Yinger leads the firm's Northern Virginia commercial litigation group, which was ranked by Chambers USA as among the best in the state. Her practice focuses on national class actions and complex disputes in the healthcare, pharmaceutical, intellectual property and general commercial areas.  

Emily was commended in the 2011 edition of Chambers USA for having "a great legal mind and exceptional client focus." In the healthcare industry, Emily was profiled in Virginia Business Magazine’s 2010 Legal Elite in the Health Law category.  She has defended major health insurers against nationwide RICO class action suits in the multi-district In re Managed Care Litigation brought by more than 700,000 physicians, numerous medical societies and other healthcare providers challenging claims processing and payment practices. Emily has also defended health insurers in numerous individual and class action suits challenging provider contracting, claims processing, and payment practices involving ERISA, fraud, breach of contract, and unfair trade practices claims. 

In the pharmaceutical industry, Emily has handled disputes involving the full cycle of pharmaceutical product development and commercialization. Her work includes a coordinated litigation, regulatory, and lobbying strategy for a Fortune 500 pharmaceutical company that successfully addressed lost sales caused by Canadian imports and stopping a nationwide pharmacy chain from wrongfully substituting a non-equivalent generic product in place of client's prescribed branded product.  

In the area of intellectual property litigation, Emily has handled Lanham Act, unfair competition, trade secret theft, noncompete and employee raiding violations, and copyright and trademark infringement claims nationwide. These matters have included medical devices, software, hardware, Web-based tool development, the Vatican's world-renowned works of art, and pharmaceutical development and promotion.  

Since joining the firm in 1987, Emily has handled numerous commercial litigation matters. She has represented financial institutions, technology and e-commerce companies, universities and government entities, and venture capital and professional services firms in class actions, complex contract disputes, business tort suits, and claims involving fraud and conspiracy, tortious interference, RICO, breach of fiduciary duty, shareholder derivative and corporate control actions, inverse condemnation proceedings, and products liability.  

In addition to trial work, Emily regularly participates in various forms of alternative dispute resolution.

REPRESENTATIVE EXPERIENCE
  • Defeated class certification in a suit brought by a putative nationwide class of health care providers challenging fraud investigation and overpayment recovery policies of Blue Cross Blue Shield entities.
  • Defeated class certification in a suit brought by a putative class of all participating providers challenging the claims processing and payment practices of Renown Health and its affiliates.
  • Defense of Blue Cross Blue Shield entities against nationwide RICO class action suits in the multi-district In re Managed Care Litigation brought by more than 700,000 physicians and numerous medical societies challenging Blue Cross claims processing and payment practices.
  • Defense of Blue Cross Blue Shield of North Carolina in state class action suits involving allegations of fraud, breach of contract, and unfair trade practices challenging provider contracting, claims processing, and payment practices.
  • Victory for the Holy See in licensing disputes involving the reproduction rights and counterfeiting of Vatican treasures and works of art.
  • Victory for state entity in False Claims/Qui Tam action alleging violations of student loan program regulations – case dismissed.
  • Victory for major health benefits company in ERISA and breach of contract class action alleging improper payment of out-of-network providers – case dismissed.
  • Defeat of breach of fiduciary duty class action in Delaware's Court of Chancery to enjoin the public merger of Fortune 500 pharmaceutical companies.


RECENT PRESENTATIONS
18 April 2007
"Positioning Your Case for Success: Managing Critical Discovery Issues in Healthcare Complex Litigation," American Conference Institute's Litigator and Corporate Counsel Summit on Healthcare Complex Litigation

Hogan Lovells Publications
23 March 2012 "Supreme Court Hears Arguments on Health Reform." Health Care Alert, Hogan Lovells

PRACTICES
Litigation, Arbitration and Employment
Health
Class Actions
Securities Litigation and Enforcement
IP Litigation, Arbitration and Alternative Dispute Resolution
False Advertising and Unfair Competition
Trade Secrets and Confidential Know-How
Commercial Litigation
Alternative Dispute Resolution
INDUSTRY SECTORS
Healthcare Services
Pharmaceutical and Biotechnology
Education
Financial Institutions
AREAS OF FOCUS
  • Healthcare Litigation
  • Class Actions
  • ERISA Litigation
  • False Claims Litigation
  • Unfair Competition Litigation 
  • Intellectual Property Litigation
EDUCATION
J.D., University of California, Los Angeles School of Law, 1987 B.A., University of Virginia, 1984 International Graduate Summer School Program, University of Oxford, Exeter College, 1984
MEMBERSHIPS
  • Member, The Barristers
  • Member, The Counselors
  • Member, Virginia Bar Association
AWARDS / RANKINGS
  • Chambers USA, Litigation: General Commercial, 2010-2011
  • Chambers USA, Leader in Virginia: Litigation, 2010-2011
  • Virginia Business Magazine, "Legal Elite" for Health Law, 2010 and 2011; "Legal Elite" for Civil Litigation, 2009; "Legal Elite" for Health Law, 2008; "Legal Elite" for Civil Litigation, 2007; "Legal Elite" for Alternative Dispute Resolution, 2006; "Legal Elite" for Civil Litigation, 2005
  • Super Lawyers, Corporate Counsel Edition, Top Attorneys in Business Litigation, 2008
  • Washington, D.C. Super Lawyers, 2007-2009
  • Virginia Super Lawyers, Business Litigation, 2006-2009; Top 50 Women, 2006
BAR ADMISSIONS / QUALIFICATIONS Virginia District of Columbia Maryland
COURT ADMISSIONS U.S. Court of Appeals, District of Columbia Circuit U.S. Court of Appeals, Fourth Circuit U.S. District Court, District of Columbia U.S. District Court, District of Maryland U.S. District Court, Eastern District of Wisconsin U.S. District Court, Eastern District of Virginia