Kang Haggerty NewsIn 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 Congratulates Firm Attorneys Named to Super Lawyers & Rising Star Listings for 2023
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 ›
Legal Intelligencer: Officers and Directors Should Seek Mandatory Advancement Provision
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 ›
Kovalsky to present on Touhy Subpoena Practice for Federal Bar Association – May 10, 2023
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.
Legal Intelligencer: When Is Knowing ‘Knowing’ in FCA Cases? High Court Examines Two Cases
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“
March may be over, but every month is Women’s History Month for Whistleblowers
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 ›
Law360: Kandis Kovalsky on 6th Circuit Widening of False Claims Act
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.”
Legal Intelligencer: Tort Claims Between 2 Contracting Parties May Overcome the Gist of Action Doctrine
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“
Kang Haggerty Attends Annual Qui Tam Conference
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.
Kang Haggerty takes Taxpayers Against Fraud Penny Pledge
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.