People: Jonathan A. Braunstein, Partner

Photo of Jonathan A. Braunstein, Partner

Jonathan A. Braunstein

Partner

San Francisco
Direct: (415) 544-1057
Fax: (415) 397-2823
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Mr. Braunstein is a partner in the firm’s Litigation Department, a co-lead of the firm’s Health Care Litigation Practice Group, a co-lead of the firm’s Health Care Fraud and Provider Billing Litigation Specialty Team, and a member of the firm’s Commercial Litigation, Health Law, and ERISA Benefits Litigation Practice Groups.

Mr. Braunstein advises and represents clients in the healthcare, insurance, employee benefits, financial services, real estate, construction, and global defense industries.

Mr. Braunstein has niche expertise representing welfare benefit plans and payors in healthcare reimbursement and provider billing litigation under ERISA, RICO and state law, with a particular emphasis on “fraud, waste, and abuse” litigation.

Mr. Braunstein also has substantial expertise representing insurers in complex coverage disputes, extra-contractual claims and litigation concerning life insurance, annuities, business property and commercial general liability policies, builder’s risk policies, hurricane and catastrophe claims, and business interruption coverages.

Mr. Braunstein has also represented real estate and mortgage service providers, construction contractors, private global defense contractors, investment and financial service advisors, bank depositors, and businesses engaged in international shipping and commerce.

Mr. Braunstein has successfully litigated hundreds of individual and/or class action contract, tort and statutory claims on behalf of plaintiffs and defendants in state and federal courts throughout California and beyond, including trials and appeals, and in matters set for arbitration before FINRA.

Each year since 2009, Mr. Braunstein has been recognized by Northern California Super Lawyers as a business litigation "Rising Star," an exclusive designation awarded to only 2.5% of qualified attorneys. In 2015 and 2016, Legal 500 recognized Mr. Braunstein for his “buoyant healthcare benefits litigation practice.”

Mr. Braunstein serves as Chair for the American Bar Association (“ABA”) Tort & Insurance Practice Section (“TIPS”) Life Insurance Committee, and as Vice Chair for the ABA TIPS Employee Benefits Committee.  In his TIPS leadership role, Mr. Braunstein also works closely with the TIPS Health & Disability Committee and the TIPS Insurance Regulation Committee in planning the annual Mid-Winter Symposium on Insurance and Employee Benefits. Mr. Braunstein is also a member of the ABA Health Law Section, the American Health Lawyers Association (“AHLA”), and the California Society of Healthcare Attorneys (“CSHA”).

Mr. Braunstein is a leader in his community. The 2015 recipient of Seyfarth’s Inspirational Leader Award, Mr. Braunstein leads the San Francisco office's annual participation in Food From the Bar, a joint collaboration between the Bar Association of San Francisco and the San Francisco-Marin Food Bank to fight hunger and feed low-income seniors, children, and working poor families. Mr. Braunstein also serves on the Executive Committee for San Francisco’s Light the Night Walk for the Leukemia & Lymphoma Society (LLS).

Mr. Braunstein is a partner in the firm’s Litigation Department, a co-lead of the firm’s Health Care Litigation Practice Group, a co-lead of the firm’s Health Care Fraud and Provider Billing Litigation Specialty Team, and a member of the firm’s Commercial Litigation, Health Law, and ERISA Benefits Litigation Practice Groups.

Mr. Braunstein advises and represents clients in the healthcare, insurance, employee benefits, financial services, real estate, construction, and global defense industries.

Mr. Braunstein has niche expertise representing welfare benefit plans and payors in healthcare reimbursement and provider billing litigation under ERISA, RICO and state law, with a particular emphasis on “fraud, waste, and abuse” litigation.

Mr. Braunstein also has substantial expertise representing insurers in complex coverage disputes, extra-contractual claims and litigation concerning life insurance, annuities, business property and commercial general liability policies, builder’s risk policies, hurricane and catastrophe claims, and business interruption coverages.

Mr. Braunstein has also represented real estate and mortgage service providers, construction contractors, private global defense contractors, investment and financial service advisors, bank depositors, and businesses engaged in international shipping and commerce.

Mr. Braunstein has successfully litigated hundreds of individual and/or class action contract, tort and statutory claims on behalf of plaintiffs and defendants in state and federal courts throughout California and beyond, including trials and appeals, and in matters set for arbitration before FINRA.

Each year since 2009, Mr. Braunstein has been recognized by Northern California Super Lawyers as a business litigation "Rising Star," an exclusive designation awarded to only 2.5% of qualified attorneys. In 2015 and 2016, Legal 500 recognized Mr. Braunstein for his “buoyant healthcare benefits litigation practice.”

Mr. Braunstein serves as Chair for the American Bar Association (“ABA”) Tort & Insurance Practice Section (“TIPS”) Life Insurance Committee, and as Vice Chair for the ABA TIPS Employee Benefits Committee.  In his TIPS leadership role, Mr. Braunstein also works closely with the TIPS Health & Disability Committee and the TIPS Insurance Regulation Committee in planning the annual Mid-Winter Symposium on Insurance and Employee Benefits. Mr. Braunstein is also a member of the ABA Health Law Section, the American Health Lawyers Association (“AHLA”), and the California Society of Healthcare Attorneys (“CSHA”).

Mr. Braunstein is a leader in his community. The 2015 recipient of Seyfarth’s Inspirational Leader Award, Mr. Braunstein leads the San Francisco office's annual participation in Food From the Bar, a joint collaboration between the Bar Association of San Francisco and the San Francisco-Marin Food Bank to fight hunger and feed low-income seniors, children, and working poor families. Mr. Braunstein also serves on the Executive Committee for San Francisco’s Light the Night Walk for the Leukemia & Lymphoma Society (LLS).

Education

  • J.D., University of California, Davis, King Hall School of Law (2003)
    King Hall Pro Bono Certificate
  • B.A., University of California, Los Angeles (2000)

Admissions

  • California

Courts

  • U.S. Court of Appeals for the Ninth Circuit
  • U.S. District Courts for the Central, Eastern, Northern, and Southern Districts of California
  • Supreme Court of California, including all State of California trial and appellate courts

Affiliations

  • California Bar Association, Litigation Committee
  • San Francisco Bar Association, Litigation Section
  • Defense Research Institute (DRI), Litigation, Insurance Coverage, and Life, Health, Disability and ERISA Claims Committees
  • American Bar Association
     

Presentations

  • Moderator, “Suspicious Deaths and Suicides: Coverage, Claims, Investigations, and Litigation,”  44th Annual ABA TIPS Mid-Winter Symposium on Insurance and Employee Benefits, Coral Gables, FL (January 2018)
  • Presenter, “ERISA Preemption: After 40+ Years, Still a Hot Mess!,” 43rd Annual ABA TIPS Mid-Winter Symposium on Insurance and Employee Benefits, Coral Gables, FL (January 2017)
  • Presenter, “Surf's Up!: Analyzing New Waves of Litigation Regarding Healthcare Provider Fraud and Affordable Care Act Interference and Discrimination Claims," 42nd Annual ABA TIPS Mid-Winter Symposium on Insurance and Employee Benefits, Clearwater Beach, FL  (January 2016)
  • Co-author of the written materials for “The Gathering Storm: How Should Plan Fiduciaries Address Health Care Provider Overbilling” presented via webinar for the ABA Joint Committee on Employee Benefits (June 2015)
  • Co-author of the written materials for “The Gathering Storm: How Should Plan Fiduciaries Address Health Care Provider Overbilling” presented at ABA Labor & Employment Law Section’s Employee Benefits Committee Annual Meeting, San Diego, CA (February 2015)
  • "District Court Allows Claim for Restitution Against Providers Without Contract With Plan," BNA Benefits Practice (September 2011)

Publications