Many employers have figured out by now that their vendors, consultants and brokers are more concerned with taking their money than actually reading the first-tier academic literature and government guidelines, which universally say that the intrusive, coercive wellness programs — the ones that generate the highest fees — are worthless or counter-productive. Some of those employers are demanding their money back and then some. (Damages are much greater than fees due to reasons we can discuss offline.)
We provide both forensic consulting, in which we help get fees returned, as well as direct litigation support. We support employers by showing the overwhelming evidence that benefits consultants and vendors are suppressing the information demonstrating that their programs are worthless.
We are sometimes retained by benefits consultants, brokers or vendors instead. We have a winning strategy for them too, that we would prefer not to divulge. Plus, if you are a vendor or a consulting firm it makes great sense to retain our services prospectively to “conflict us out” in the case of litigation against you.
Finally, though it hasn’t happened yet, we will support class actions and individual employee claims. We will not work for the defense against these claims because frankly there is no defense other than cross-claims.
Qualifications include not just the many articles, endorsements, and books but also, Al holds a JD from Harvard and taught economics at Harvard. Vik earned a Master’s degree in health policy and management, and he also spent nearly six working in the Maryland state attorney general’s office, where , as the only non-lawyer unit leader, he oversaw the application of Maryland consumer protection statutes to the medical care marketplace. Finally, our likely opposing experts usually have ethical violations or are employed by firms that have ethical violations and/or can’t count. DMPC has dossiers on most potential opposing experts designed to impugn both their intelligence and ethics. (For opposing “expert” in wellness, neither of those requires breaking a sweat.)
Track record has been 100% achieving favorable settlements, usually so quickly and with so little effort that we no longer charge by the hour, except where required by law for actual trial work (where contingency-pricing by experts is typically not allowed).