A smart and tactical choice of venue can set the stage for victory, and in a False Claims Act case, that choice may make all the difference.
In the November 10, 2022 edition of The Legal Intelligencer, Edward T. Kang wrote “Circuit Split on Materiality Standard in FCA Cases and Choosing the Right Venue” Continue reading ›
Kang Haggerty attorneys Edward T. Kang, Kandis L. Kovalsky, and Susan Moon O are attending the National Asian Pacific American Bar Association (NAPABA) 2022 Convention in Las Vegas from November 3 through November 6, 2022.
On Friday, Edward and Kandis are joined by Erika Hiramatsu, Steve Koh, Kolin Tang, and Grace Park to present “How to Whet Uncle Sam’s Whistle: A Guide to Litigating Cases under the False Claims Act.” This program will cover issues that commonly arise in litigating cases brought under the False Claims Act where the government declines to intervene, with a particular focus on healthcare cases. The panelists will offer discussion from the points of view of counsel for Relators, Government, and Defendants. This CLE will also include an explanation of the key provisions of the FCA, recent key cases involving the healthcare industry, and recent policy developments and enforcement trends under the Biden Administration.
The NAPABA Convention is the largest annual gathering of Asian American and Pacific Islander (AAPI) attorneys, judges, law professors, and law students—bringing meaningful insights, networking opportunities, and perspective to the legal community.
Members Edward T. Kang and Kandis L. Kovalsky, along with Associate Ross Wolfe attended the Taxpayers Against Fraud 22nd Annual Conference in Washington DC from October 26 through October 28, 2022.
Taxpayers Against Fraud (TAF) is a non-profit organization dedicated to both defending and empowering those who expose fraud in both the government and the financial markets. TAF focusing on not only empowering and defending whistleblowers, but also educating the attorneys that help represent these Whistleblowers.
In the October 2022 Edition of Taxpayers Against Fraud (TAF) Newsletter, Kandis Kovalsky wrote “Relator’s Share: What Is It? How Does It Work? What Is The Process?”
To incentivize whistleblowers to assist the Government in combatting fraud on the Government and its taxpayers, the False Claims Act, 31 U.S.C. § 3729, et seq. (the “FCA”) ensures that a whistleblower under the FCA (referred to as a “Relator”) receives at least 15 percent of the proceeds recovered by the Government in any action filed under the FCA by a Relator (referred to as a “qui tam” action). A Relator receives 15 percent of the proceeds of an FCA action just by causing a complaint to be filed; 15 percent is the minimum. Continue reading ›
In the October 13, 2022 edition of The Legal Intelligencer, Edward T. Kang wrote “The Great Pandemic Heist: Attorneys’ Role in Fighting PPP Loan Fraud”
In the COVID-19 era, there has been a heist of great value, but it has not gone undetected. Prosecutors have called the heist the largest fraud in U.S. history, with the thieves stealing hundreds of billions of dollars in taxpayer money through fraudulently obtained Paycheck Protection Program (PPP) loans.
The “good” thieves are able to abscond with tremendously valuable items while remaining undetected. They take care to cover their tracks, to make sure any witnesses are silenced, and to financially clean the ill-gotten goods as quickly as possible. In the COVID-19 era, there has been a heist of great value, but it has not gone undetected. Prosecutors have called the heist the largest fraud in U.S. history, with the thieves stealing hundreds of billions of dollars in taxpayer money through fraudulently obtained Paycheck Protection Program (PPP) loans. The thieves’ plan to line their pockets was fairly simple: steal the money that the government was doling out to help buoy the economy during the throes of the pandemic. They took advantage of the government’s urgent loan dispersal to those who required immediate help. But the thieves could not resist showing off their looted wealth. They began purchasing flashy and expensive Lamborghinis, beautiful beachfront houses, and spending large amounts in cash. The careless and reckless nature of the heist has proven to be its undoing, and now the U.S. government is coming to take back what was stolen—although they are not acting alone.
Throughout the past decade, the country has been battling a raging epidemic and public health crisis: opioid addiction. In 2021, over 80,000 people died from opioid overdoses. Pennsylvania has one of the highest rates of opioid overdose deaths in the country. The crisis in Pennsylvania is so severe that it is decreasing the life expectancy in the commonwealth.
In the July 29, 2022 edition of The Legal Intelligencer, Edward T. Kang wrote “Individual Liability in the Opioid Epidemic: An Examination of Recent Developments.” Continue reading ›
Kang Haggerty is proud to honor all whistleblowers—past, present, and future—on National Whistleblower Appreciation Day, recognized each year on July 30th to commemorate the passage of the very first U.S. whistleblower law on July 30, 1778. Continue reading ›
Law360’s Rachel Rippetoe reported on Kang Haggerty’s formation of The Whistleblower Advocates. The article highlights the firm’s whistleblower practice, led by Edward T. Kang, Kandis L. Kovalsky, and Ross M. Wolfe. Continue reading ›
Practitioners should anticipate when a witness will invoke the privilege and how to deal with or use such invocation applying the principles of fairness and reliability.
In the June 30, 2022 edition of The Legal Intelligencer, Edward T. Kang wrote “Nonparty Witness Invoking the Fifth Amendment Privilege in a Civil Case.” Continue reading ›
This article will discuss briefly the history of qui tam litigation, its interplay with piercing theories and the particular utility of these types of suits in the health care context.
In the November 4, 2021 edition of of The Legal Intelligencer, Edward T. Kang of Kang Haggerty co-authored “Qui Tam Suits and Veil Piercing: A Powerful Combo for Combating Health Care Fraud.”
In 2019, the United States federal government spent $1.1 trillion, or approximately 25% of the overall federal budget, on just four government health care programs; Medicare, Medicaid, the Children’s Health Insurance Program (CHIP) and the Affordable Care Act (ACA). In addition to these well-known programs, the Department of Defense spends tens of billions of dollars every year providing health care to service members, veterans and their families through programs like TRICARE. Likewise, all states administer their own Medicaid programs and typically match the funding provided by the federal government, pumping even more public money into this sector. Continue reading ›
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