News » Page 5

| and

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 column is part two of our earlier column relating to AKS and the causation standard.

In the June 15, 2023 edition of The Legal Intelligencer, Edward T. Kang and Kandis L. Kovalsky wrote “Fighting Fraud in Health Care Through the False Claims Act in the Third Circuit, Part 2“ Continue reading ›

|

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. Continue reading ›

|

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 E-Discovery Process.” Continue reading ›

|

 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 customary price” rather than the lower and more-common price offered through discount programs. The Seventh Circuit twice held that such reporting is not a “knowingly” false claim under the FCA because “a reasonable person” could reach a similar interpretation of “usual and customary price.” United States v. Supervalu Inc., 9 F.4th 455 (7th Cir. 2021); United States ex rel. Proctor v. Safeway, Inc., 30 F.4th 649 (7th Cir. 2022). The Supreme Court vacated the Seventh Circuit’s judgments and ruled that the FCA scienter requirement refers to a defendant’s knowledge and subjective beliefs – not to what an objectively reasonable person may have known or believed. United States ex rel. Shutte v. SuperValu Inc., 598 U.S. (2023) The Court also determined that facially ambiguous language is not a sufficient reason to prohibit a finding that a defendant knew its claims were false.  Continue reading ›

|

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. Continue reading ›

|

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. Continue reading ›

|

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“ Continue reading ›

|

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 on May 10, 2023.

The program will provide varied perspectives from government, relator, and defense counsel on Touhy subpoena practice in declined False Claims Act cases. The conversation will cover the process and procedural elements of Touhy subpoenas, negotiations with the Government, and use of that information in litigation.

Joining Kandis on the panel will be moderator Zachary Arbitman, Feldman Shepherd; Paul Kaufman, United States Attorney’s Office for the Eastern District of Pennsylvania; and Amanda B. Robinson, Morgan Lewis.

| and

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 taxpayer money.

In the April 13, 2023 edition of The Legal Intelligencer, Edward T. Kang and Kandis Kovalsky wrote “When Is Knowing ‘Knowing’ in FCA Cases? High Court Examines Two Cases“

Continue reading ›

|

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 commemorating female whistleblowers who courageously transcend systemic biases to combat fraud. Continue reading ›

Contact Information
Philadelphia Office
123 S Broad St #1950
Philadelphia, PA 19109
Phone: (215) 525-5850
New Jersey Office
10000 Lincoln Dr E #201
Marlton, NJ 08053
Phone: (856) 266-9330
We serve clients throughout the Delaware Valley including, but not limited to, those in the following localities: Pennsylvania including Berks County, Bucks County, Chester County, Delaware County, Montgomery County, and Philadelphia County; New Jersey including Atlantic County, Burlington County, Camden County, Cape May County, Cumberland County, Gloucester County, Salem County, and Mercer County; Delaware including Kent County and New Castle County; and Maryland including Cecil County. We also serve clients in New York. View More

This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.

Please do not include any confidential or sensitive information in a contact form, text message, or voicemail. The contact form sends information by non-encrypted email, which is not secure. Submitting a contact form, sending a text message, making a phone call, or leaving a voicemail does not create an attorney-client relationship.

Copyright © 2024, Kang Haggerty LLC
JUSTIA Law Firm Blog Design