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Gregory H. Mathews, EsquireKang Haggerty & Fetbroyt is pleased to announce that Gregory H. Mathews, Of Counsel, has been selected for inclusion in the 2018 edition of The Best Lawyers in America one of the most respected peer-review publications in the profession.

Mathews is named to the list for his distinguished contributions to the practice area of commercial litigation. Commercial litigation involves any type of dispute that can arise in the business context, including breach of contract cases, SEC and NASD claims, class actions, business torts, civil RICO claims, breach of fiduciary duty allegations, and shareholder issues. Successful commercial litigators, such as Mathews, are able to assess the merits of a dispute and scale either a prosecution or defense that fits the legal and business needs of their clients.

Best Lawyers was founded in 1983 and is published in 70 countries and all 50 states. Its methodology employs a sophisticated, conscientious, rational, and transparent survey process designed to elicit meaningful and substantive evaluations of the quality of legal services. The 24th edition of The Best Lawyers in America highlights the top 5% of practicing attorneys in the United States, based on more than 7.4 million evaluations, recognizing attorneys in 140 practice areas.

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Jacklyn Fetbroyt will speak on the topic of LLC operating agreements as part of a full day continuing legal education (CLE) program for the National Business Institute on April 25, 2016 in Philadelphia, Pennsylvania. She will address the subjects of formation and drafting: articles and operating agreement; and members and managers: rights, responsibilities and voting provisions. Additional seminar subjects addressed include common operating agreement mistakes and key LLC litigation developments; tax mistakes made in distribution, allocation and entity selection; transfer restriction issues, right of first refusal, impasses (put/call), capital call and dissolution provisions; and ethics. Online registration for the program is available.

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KHF Associate David Dean will speak on legal issues that impact growing businesses during the Hustle+Grow (H+G) program on How To Use Referrals To Land More Business taking place on Thursday, March 24, 2016 from 6:30-9:30 pm at the Rittenhouse Square location of Benjamin’s Desk. Continue reading →

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1. What is a Whistleblower?

A whistleblower is a person who, on behalf of the federal government, state government or governmental authority, reports illegal, fraudulent or dishonest conduct by a person or an organization.

2. Importance of Internal Whistleblowers:

Encouraging “watchdog” type behavior from your employees allows your management team to catch on to internal problems early, giving room to make the changes necessary to promote a healthy business model.

  • Fraud against the government is not a victimless crime. Like insurance fraud, everybody pays the price for fraud against the government.
  • Keep an honest business model.

3. Whistleblower Programs to Keep in Mind:

Program Benefits Common Cases/Schemes

False Claims Act (FCA)– “Lincoln’s Law” Can pursue your claims even if Justice Department turns you down as private individual; Receive a percentage of the award received, if there is one (15 to 30%) Mortgage Fraud; VA Refinance Fraud; Medicare/Medicaid; Fraud
Securities Exchange Commission (SEC) Created by Dodd-Frank Act Can receive award from SEC if the government authorities recover more than $1 million Issuance of false or misleading statements in financial reports; Insider trading; Ponzi schemes
Commodity Futures Trading Commission (CFTC) Created by Dodd-Frank Act Offers the most protection for whistleblowers who wish to remain anonymous (even to government until award received) Swap Markets
Internal Revenue Service (IRS) Pays award up to 15% of amount it collects; If the amount collected exceeds $2 million, the IRS will pay 15-30% of amount collected Off-shore accounts fraud; Corporate tax fraud; Employment tax fraud; Money laundering tax fraud; Filing false or misleading forms

4. What’s the procedure for bringing a whistleblower action?

A whistleblower files an action under seal and serves it on the government (for FCA only).

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1. Compile a small list of attorneys that you find. It’s okay to start with an entire page of attorneys, but narrow down the list by asking friends, family, and business connections their opinions. Figure out if there are any attorneys you should consider or avoid.

2. Do a background check on the attorneys on your list. Use resources like Martindale-Hubbell, Avvo, Lawyers.com, the American Bar Association, and many other sources on the internet, including news articles. Here are some questions to consider as you do your search:

a. Has the attorney been cited for any ethics violations?

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