The statute does not define the term “resulting from,” which has led to differing interpretations of the causation standard required for an AKS violation to be considered a false claim under the FCA. The divergence of views among the circuit courts has created challenges for relators in proving causation. This…
The front page of The Philadelphia Inquirer’s business section on June 10, 2023, features an article from reporter Joseph N. DiStefano, “Vanguard and former tax lawyer are in mediation over wrongful termination lawsuit,” detailing the status of former Vanguard attorney David Danon’s whistleblower lawsuit against Vanguard. The article states that Danon…
ESI often contains confidential data, such as trade secrets, financial information, and personal data, and attorneys need to be aware of their obligations to protect this information and prevent unauthorized disclosure. In the June 8, 2023 edition of The Legal Intelligencer, Kelly A. Lavelle wrote “Safeguarding Data Privacy in the…
On June 1, 2023, the United States Supreme Court issued a unanimous opinion (authored by Justice Clarence Thomas), providing a long-awaited answer to the question of whether, under the Federal Claims Act (“FCA”), a defendant “knowingly” submits a false claim by reporting its retail cash price as its “usual and…
In a recent Legal Intelligencer article, Phila. Attorneys Reach $9M Settlement for Whistleblower Claims the US Declined, Philadelphia-based litigation reporter Aleeza Furman detailed how Kang Haggerty attorneys secured a $9 million settlement with defendants in a False Claims Act qui tam lawsuit over the distribution of illegitimate fentanyl prescriptions. Furman…
Kang Haggerty is pleased to announce that Edward T. Kang, Jacklyn Fetbroyt and Henry J. Donner have been selected to the 2023 Pennsylvania Super Lawyers list. Kandis L. Kovalsky, David R. Scott and Lauren C. Goodfellow have been selected to the 2023 Rising Stars list. Pennsylvania Super Lawyers List —…
Not all indemnification and advancement rights are created equal. While many companies provide broad and mandatory advancement rights to covered persons, some companies provide permissive advancement rights. In the May 18, 2023 edition of The Legal Intelligencer, Edward T. Kang wrote “Officers and Directors Should Seek Mandatory Advancement Provision“ Advancement…
Kang Haggerty member Kandis L. Kovalsky will be a presenter for Touhy Subpoena Practice – Getting the Information You Need to Prove (or Disprove) the Case, on behalf of the Qui Tam Section of the Federal Bar Association. The webinar will take place from 12:00 pm – 1:30 pm EDT…
The Supreme Court is taking up two U.S. Court of Appeals for the Seventh Circuit cases where rulings shielded both food-and-pharmacy chains from FCA liability for alleged improper billing involving prescription drugs. If the high court sides with the Seventh Circuit, the impending result could mean an exponential loss of…
As the month of March draws to a close, the Whistleblower Advocates of Kang Haggerty LLC were excited to see many of the valued contributions of women whistleblowers recognized as part of Women’s History Month celebrations. We join with many of our Taxpayer Against Fraud (TAF) colleague law firms in…