Max Gershenoff represents insurance companies across the country in the development and implementation of fraud detection and prevention strategies, and in the prosecution of federal and state affirmative litigation to address complex insurance fraud and racketeering schemes.
A partner in Rivkin Radler’s Commercial Litigation, Compliance, Investigations, & White Collar and Insurance Fraud Practice Groups, Max has served as lead counsel in numerous affirmative actions to recover insurer claim payments to physicians, medical clinics, attorneys, and others involved in complex, large scale insurance fraud schemes. He also counsels automobile, property, and life insurers on claims-handling practices and investigation techniques, and works with them to develop fraud prevention, detection, and recovery plans.
In addition, Max represents insurers in the defense of litigation challenging claims-handling practices.
Max’s work not only has helped his clients reach their anti-fraud goals, but also has resulted in dozens of reported federal and state court decisions that have been tremendously useful to insurers in the fight against insurance fraud. His efforts – in particular — have helped create a significant body of legal authority supporting the use of civil RICO and state anti-fraud statutes to combat insurance fraud.
Max also represents clients in the defense of civil RICO claims, and in federal and state litigation, arbitration, mediation, and administrative proceedings in matters relating to collective bargaining, work-place employment practices (including discrimination and sexual harassment), reductions in-force and other restructurings, employment policies and procedures, employee discipline and discharge, employment agreements, restrictive covenants, and wage and hour practices.
Max is the co-author of No-Fault Insurance Anti-Fraud Litigation: A Practitioner’s Guide, a book published by the American Bar Association, as well as numerous articles regarding insurance fraud and civil RICO litigation.
The decisions he has obtained include:
- Gov’t Emps. Ins. Co. v. Right Spinal Clinic, Inc., 2022 U.S. Dist. LEXIS 119301 (M.D. Fla. 2022) (granting summary judgment to plaintiff-insurer on unjust enrichment, declaratory judgment, and deceptive and unfair trade practices claims against healthcare clinic and its associates)
- Gov’t Emples. Ins. Co. v. AFO Imaging, Inc., 2021 U.S. Dist. LEXIS 46652 (M.D. Fla. 2021) (denying motion to dismiss civil RICO, common law fraud, and deceptive and unfair trade practices claims brought by insurer against alleged insurance fraud ring)
- Gov’t Emples. Ins. Co. v. Moshe, 2020 U.S. Dist. LEXIS 114100 (E.D.N.Y. 2020) (granting preliminary injunction staying thousands of defendant healthcare providers’ no-fault insurance collections proceedings pending the resolution of plaintiff-insurer’s RICO, fraud, unjust enrichment, and declaratory judgment claims)
- Gov’t Emples. Ins. Co. v. Strut, 2020 U.S. Dist. LEXIS 63396 (W.D.N.Y. 2020) (denying motion to dismiss civil RICO, common law fraud, and deceptive and unfair trade practices claims brought by insurer against alleged insurance fraud ring, and granting plaintiff-insurer’s motion for a preliminary injunction staying the defendants’ no-fault insurance collections proceedings pending the resolution of the plaintiff-insurer’s fraud claims)
- Gov’t Emples. Ins. Co. v. Ningning He, 2019 U.S. Dist. LEXIS 187047 (D.N.J. 2019) (denying motion to dismiss plaintiff-insurer’s fraud and racketeering claims against alleged no-fault insurance fraud ring)
- Gov’t Emples. Ins. Co. v. Hamilton Health Care Ctr. P.C., 2018 U.S. Dist. LEXIS 38902 (D.N.J. 2018) (granting multi-million dollar judgment to plaintiff-insurer on fraud, unjust enrichment, and state statutory claims against alleged insurance fraud ring)
- Allstate Ins. Co. v. Williams, 2014 U.S. Dist. LEXIS 170191 (E.D.N.Y. 2014) (granting judgment to plaintiff-insurer on fraud, unjust enrichment, and declaratory judgment claims against alleged insurance fraud ring)
- Liberty Mut. Ins. Co. v. Accurate Med. Diagnostics, PC, 2014 U.S. Dist. LEXIS 174215 (E.D.N.Y. 2014) (granting judgment to plaintiff-insurer on fraud, unjust enrichment, and declaratory judgment claims against alleged insurance fraud ring)
- Servedio v. State Farm Ins. Co., 2012 U.S. Dist. LEXIS 127383 (E.D.N.Y. 2012) (on motion for reconsideration, fully dismissing plaintiff’s claims regarding allegedly-deceptive insurance policy language)
- Hardy v. Nat’l Ass’n of Ins. Commrs, 2011 U.S. Dist. LEXIS 75078 (S.D.N.Y. 2011) (dismissing federal racketeering claims)
- Vallejo v. Four Seasons Solar Prods., 2011 U.S. Dist. LEXIS 32192 (E.D.N.Y. 2011) (granting summary judgment to employer on state and federal discrimination claims)
- Malone v. New York Pressman’s Union No. 2, 2011 U.S. Dist. LEXIS 58247 (S.D.N.Y. 2011) (dismissing federal employment discrimination claims)
- MDJ Medical, P.C. v. Hertz Rent-A-Car, No. 000775-2011 (Sup. Ct. Nassau Co.) (dismissing $5,000,000 in tort claims brought by medical professional corporation against automobile insurers)
- Allstate Ins. Co. v. Etienne, 2010 U.S. Dist. LEXIS 113995 (E.D.N.Y. 2010) (denying motion to dismiss civil RICO and common law fraud claims brought by insurer against alleged insurance fraud ring)
While at the Benjamin N. Cardozo School of Law, Max was awarded the Jacob Burns Medal for Outstanding Contribution to the Law School, as well as a Revson Foundation Public Interest Fellowship, which he applied toward a civil practice internship with the Legal Aid Society of New York.
Prior to law school, Max served as a speechwriter and press officer at the Consulate General of Israel in New York, and as the corporate spokesperson for a publicly traded biopharmaceuticals company.
926 RXR Plaza
Uniondale, NY 11556-0926
United States District Courts for the Southern and Eastern Districts of New York
United States Court of Appeals, Second, Third and Eleventh Circuits
United States District Court for the Southern and Middle Districts of FloridaBar Affiliations
New York State Bar AssociationEducation
Benjamin N. Cardozo School of Law, Juris Doctor
The University of Georgia, A.B., Political Science