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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“

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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 ›

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Kang Haggerty member Kandis L. Kovalsky is asked for her opinion in the March 28, 2023 Law360 analysis by editor Jeff Overley on 6th Circ. Widens FCA Split, Curtails Kickback Law’s Scope.

According to Kovalsky, who represents FCA whistleblowers and is an active member of Taxpayers Against Fraud (TAF), “the Sixth Circuit’s decision … has implications far beyond that case itself” and could have “broad, chilling effects on the FCA’s purpose and reach.”

According to Overley, “The Sixth Circuit delivered a one-two punch to whistleblowers and the U.S. Department of Justice on Tuesday by requiring False Claims Act cases to directly connect kickbacks with health care billing and refusing to view all potentially valuable actions as possible kickbacks.”

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Earlier last year, the U.S. Court of Appeals for the Third Circuit in SodexoMAGIC v. Drexel University made this law—that the gist of the action doctrine does not bar a viable tort claim between two parties just because the parties papered the social duty giving rise to a tort claim into a contract—abundantly clear. Yet, many courts in Pennsylvania continue to misapply the doctrine.

In the March 9, 2023 edition of The Legal Intelligencer, Edward T. Kang wrote “Tort Claims Between 2 Contracting Parties May Overcome the Gist of Action Doctrine“

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Jacklyn Fetbroyt is eager torepresent Kang Haggerty at the 2023 Driving Diversity & Leadership Conference (DDLC). The conference is hosted by the National Association of Minority and Women Owned Law Firms (NAMWOLF) and will take place in San Diego, CA, from March 11th through March 14th. DDLC is focused on supplementing attendees with educational CLE presentations hosted by each Practice Area Committee and along with networking events to help Law Firm Members develop and grow their companies.

NAMWOLF was founded in 2001 and is a nonprofit trade association composed of minority and women-owned law firms. NAMWOLF is focused on empowering minority and women-owned law firms and supports its members in fostering relationships, affiliations, and learning experiences with businesses, legal counsel, and other legal trade associations. Kang Haggerty has been a member since 2017.

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Member Edward T. Kang and Associate Ross Wolfe attended the Federal Bar Association Qui Tam Section’s Annual Qui Tam Conference in Washington, DC, from February 16 through February 17. This year’s theme was New Frontiers: Redefining the Landscape of the FCA.

The Qui Tam Section of the Federal Bar Association was started in 2015. It provides education, training, and networking opportunities for attorneys involved with the False Claims Act and other whistleblower statutes. Their award-winning Annual Qui Tam Conference is the section’s premier event. It rallies noteworthy leaders and eminent keynote speakers to foster deep analysis and discussion on contemporary whistleblower-related issues.

 

 

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Kang Haggerty is pleased to have taken the Taxpayers Against Fraud Penny Pledge to help protect whistleblower laws. The firm is “paying it forward” by pledging to commit a penny for every dollar collected in the practice to help enhance and preserve whistleblower programs into the future.

Taxpayers Against Fraud (TAF) is a non-profit organization committed to defending and empowering individuals who expose fraud in both governmental and financial markets. TAF focuses on rigorously empowering and protecting whistleblowers and educating and supporting attorneys that represent and advocate for these Whistleblowers.

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On Jan. 9, the U.S. Supreme Court heard oral argument on whether the attorney-client privilege protects against disclosure of dual-purpose communications—where the communications contain both legal and nonlegal advice.

In the January 26, 2023 edition of The Legal Intelligencer, Kelly Lavelle wrote “Impact of the Attorney-Client Privilege Purpose Requirement on E-Discovery” Continue reading ›

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On January 25, 2023, Edward T. Kang and Kandis L. Kovalsky were joined by colleagues Nelson Bellido of Roig Lawyers and Michael Moder of AILA Limited to present Piercing (and Protecting) the Corporate Veil. The CLE focused on the Pennsylvania Supreme Court’s recent decision in Mortimer v. McCool and various theories of how to both uphold/enforce and avoid a claim to “pierce the corporate veil.”

You can access the on-demand webcast of Piercing (and protecting) the Corporate Veil, on the Federal Bar Association’s website here. This CLE was co-sponsored by myLawCLE.

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