Page 20 - University of Baltimore Law - Fall 2019

Jonathan Novak Uses DEA Experience to Take on Opioid Companies
T he opioid epidemic has devastated families and communities across the United States.
Highly addictive opioid pain relievers have been prescribed at alarming rates, with overdose rates increasing steadily over the past decade. Today,
more than 130 people die each day after accidentally overdosing on opioids, according to the National Institute on Drug Abuse, and Americans are more likely to die from accidental opioid overdoses than from car accidents.
This crisis has led to a number of lawsuits against opiate manufacturers, distributors, pharmacy retailers and physicians, with damages projected to be in the tens of billions of dollars.
Jonathan Novak, J.D. ’09, stepped into the fray in 2017, when he began representing plaintiffs in such cases. It was at a time when these mass tort suits were just beginning to be filed, and several months before the federal multidistrict litigation, or MDL, was created in Ohio to consolidate what would grow to more than 1,600 pending cases.
Novak’s professional experience included five years at the Drug Enforcement Administration (DEA), where he focused on controlled substance regulation, policy and compliance. He resigned in 2015 and became a whistleblower of sorts, assisting media outlets
in uncovering collusion between agency officials and the drug companies to hinder enforcement efforts.
“I went into public service because I wanted to help people,” says Novak, 39. But during his time at DEA, he says, he became concerned about the direction in which the agency was going.
He says that a change in leadership at the DEA changed how opiate cases were handled. Enforcement efforts slowed considerably, he says, and he watched with dismay as colleagues went over to the other side, taking lucrative jobs with big pharma.
After leaving DEA, he played a key role in a high-profile investigation by The Washington Post and “60 Minutes” that revealed how opioid distributors worked with members of Congress to influence the passage of 2016 legislation that stripped the DEA of its power to stop suspicious shipments of prescription narcotics.
In his work representing plaintiffs for Dallas-based Fears Nachawati Law Firm, Novak travels the country speaking with people addicted to opiates and the families of those who have overdosed and died. He also has an opportunity to speak to communities and educate them about this crisis. “People start crying when they’re in these presentations,” he says, because of the losses they have experienced.
Those who know Novak well say his zeal for plaintiffs’ work is totally consistent with his character.
“You don’t spend too long with Jon before realizing that he’s passionate about life,” says UB Law alum Matthew Sawyer, J.D. ’14, who worked with Novak at two law firms. “Whether it’s relationships, food, drinks, politics, pets or the law (all of which are often addressed in one sitting), Jon cares, and he cares deeply.
“As a litigator, when he gets involved in a new matter, he lives in it. It’s important to him. All of it is important to him: the issues, the details, the law, the relationships, the overall justice,” says Sawyer. “And it’s important to him that he is on the right side of justice, too. Not only does this color his zealous advocacy in righting perceived wrongs, but I’ve also been with him when a client is going slightly out of bounds with demands, and Jon gently pushes that client back into line with what is right.”
A Baltimore County native, Novak attended Loch Raven High School and graduated from College of William and Mary with an English degree. “Three years after graduating from William and Mary, I realized I needed a better career path,” he says. People had always told him he should be a lawyer, so he gave it some thought.
Novak’s mother, Donna McElroy, had attended UB Law while her son was away at college, graduating in 2001 at age 51. “She loved it there and had nothing but good things to say,” he says.
As a student, he was 99 percent sure he wanted to be a public defender or state’s attorney. The summer after his 1L year, he got an internship at the DEA. Although it was unpaid, he says, “When you have an opportunity to work for the federal government, especially if it’s in the Department of Justice, you take it.”
Novak worked in the Criminal Law Clinic with Dan Shemer, as well as in the juvenile public defender’s office. After graduation, he clerked for Baltimore County Judge Ruth Jacobowski for two years. “UB gave me a practical education, so I knew what to do in the courtroom,” Novak says. The DEA summer internship led to a job offer with the agency when his clerkship was over in 2011.
One of Novak’s law school friends was Bobby Mowell, J.D. ’09. Now deputy state’s attorney
for Kent County, MD,
Mowell has stayed in close
touch with Novak since
graduation.
“Jon is an all-around excellent person. He is a rare combination of honest, reliable, hard-working,
fun, and a loyal and true friend. He has a sharp mind (legal and otherwise), and is an excellent writer and speaker,” says Mowell.
“Jon is not afraid to try
new things and encourage
you to do the same. When
we both were in law school
he started home-brewing
beer, and encouraged me to
join him on a brew day and
was an excellent teacher.
Some of my fondest memories were the days we spent grilling chicken wings and enjoying a craft beer while talking about classes, law, politics, pop culture, or anything going on at the time.”
In addition to opiate litigation, Novak is involved in talcum powder litigation and water contamination litigation involving carcinogenic chemicals made by DuPont. “The chemicals are
in the water supply,” he says. “They build up in your body. They cause birth defects, cancer and other illnesses, and 95 percent of Americans have it in their body.
“Representing a client is such a huge responsibility,” says Novak. “My heart’s 100 percent in this. I‘m so lucky to be able to do this as a job, when it’s something that I love doing.”
—Christine Stutz
| 18 | Baltimore Law
“As a litigator, when he gets involved in a new matter, he lives in it. It’s important to him. All of it is important to him: the issues, the details, the law, the relationships, the overall justice.”
—MATTHEW SAWYER, J.D. ’14