Unmasking the Power of the Anti-Fraud Injunction Statute

2024/03/05

I. Introduction Pandemics have been a catalyst for quackery.1 During the Russian Flu, considered the first modern influenza pandemic, newspaper ads plugged balsams, troches, and elixirs to fortify against the “Russian invader.”2 Doctors even promoted drinking brandy and eating oysters as the key to staving off infection.3 One dubious remedy — the carbolic smoke ball — had a notorious legal outcome.4 In November 1891, the Pall Mall Gazette advertised a “carbolic smoke ball” that, when squeezed, sent a puff of acidic smoke up a tube inserted into the user’s nostrils. The ad promised £100 to anyone who contracted influenza after using the product. To show its “sincerity in the matter,” the Carbonic Smoke Ball Company deposited £1,000 with Alliance Bank in London. Enticed, Louisa Carlill bought one of the balls and used it three times daily. After contracting the flu, she demanded to be paid £100. When the Carbonic Smoke Ball Company refused to pay, Carlill sued. At trial, the company argued that its promise to pay £100 was only puffery, not an enforceable contract. The trial and appellate courts rejected the argument. Pointing to the company’s £1,000 deposit, they held the ad was more than “mere puff.” Undeterred, the inventor, Frederick Roe, sought to capitalize on the product’s sudden notoriety. New ads touted, “Many thousand Carbonic Smoke Balls were sold … but only three persons claimed the reward of £100, thus proving conclusively that this invaluable remedy will prevent and cure” diseases.5 Roe’s company also increased its guarantee from £100 to £200, subject to new restrictions. History’s epidemiological record is filled with profiteers like Frederick Roe, who saw public health crises as an opportunity to monetize. The 1918 Spanish Flu, for example, ushered in another wave of questionable remedies: From the Times of London to the Washington Post, page after page was filled with dozens of advertisements for preventive measures and over-the-counter remedies. Read More

Scott Coffina speaks on AARP’s podcast: The Perfect Scam℠

2023/12/26

Pietragallo partner Scott Coffina recently spoke on AARP’s podcast, The Perfect Scam℠, on the episode “Couple and Homeless Man Conspire on Viral $400K GoFundMe Scam”. On the podcast, Scott shared his unique perspective on the viral story of a New Jersey couple and a homeless veteran, having supervised their prosecution for their $400,000 GoFundMe scam during his time as County Prosecutor for Burlington County, NJ. Mr. Coffina discusses this and other scams he saw during his time as County Prosecutor during the podcast. The podcast is available below, and can be found on Apple Podcasts, Amazon, and Spotify.   Read More

Lourdes Sánchez Ridge appointed Chair of the Allegheny County Bar Association Professional Ethics Committee

2023/11/27

Pietragallo is pleased to announce that Lourdes Sánchez Ridge has been appointed Chair of the Allegheny County Bar Association’s Professional Ethics Committee. Ms. Sánchez Ridge will serve a one-year term as Chair of the committee, which renders opinions on the proper interpretation of the Code of Judicial Conduct or Rules of Professional Conduct and their applicability to particular facts as requested by practitioners. She also serves on the Pennsylvania Bar Legal Ethics and Professional Responsibility Committee, a similar committee within the Pennsylvania Bar Association. Professional ethics prove important to Ms. Sánchez Ridge, having stated in an interview that one of her proudest accomplishments in her previous role as Chief Legal Counsel/City Solicitor for the City of Pittsburgh was the creation of the City of Pittsburgh’s Ethics Hearing Board. This Board was formed to regulate compliance with the city’s code of ethics. Learn more about Ms. Sánchez Ridge and her commitment to the community here. Read More

Pietragallo recognized in the 2024 edition of Best Law Firms®

2023/11/02

Pietragallo Gordon Alfano Bosick & Raspanti, LLP has been recognized in the 2024 edition of Best Law Firms®, receiving fourteen Tier 1 Metro rankings in Pittsburgh and Philadelphia. These fourteen rankings include: Commercial Litigation (PGH & PHL) Employment Law – Individuals (PHL) Health Care Law (PHL) Insurance Law (PGH) Litigation – Insurance (PGH) Litigation – Labor & Employment (PGH & PHL) Litigation – Real Estate (PGH) Litigation – Trusts & Estates (PGH) Mass Tort Litigation / Class Actions – Plaintiffs (PGH) Personal Injury Litigation – Defendants (PGH) Product Liability Litigation – Defendants (PGH) Workers’ Compensation Law – Employers (PGH) In addition to the Tier 1 Metro rankings, Pietragallo also received ten Tier 2 and Tier 3 Metro rankings: Tier 2 Metro firm in Pittsburgh, Philadelphia, and West Palm Beach in the respective practice areas of Bet-the-Company Litigation, Criminal Defense: General Practice, Criminal Defense: White-Collar, Employment Law – Management, and Litigation – Intellectual Property. Tier 3 Metro firm in Pittsburgh and West Palm Beach in the respective practice areas of Bankruptcy and Creditor Debtor Rights/Insolvency and Reorganization Law, Construction Law, Litigation – Construction, and Criminal Defense: White-Collar Pietragallo has also been named as a Tier 2 National firm in Commercial Litigation and Litigation – Labor & Employment and a Tier 3 National firm for our work in Health Care Law. Prior to merging with Pietragallo, Gentile Horoho & Avalli P.C. (GHA) was slated to be ranked as a Tier 1 Metro firm in Pittsburgh for their work in Family Law and a Tier 3 Metro firm in Pittsburgh for their work in Litigation – Trusts & Estates, and Trusts & Estates Law. All seven GHA attorneys, well-known for their experience in complex and high net-worth divorce and custody disputes as well as intricate estate/trust cases, have joined Pietragallo. Best Law Firms rankings are based on a rigorous evaluation process that includes the collection of client and lawyer evaluations, peer review from leading attorneys in their field, and review of additional information provided by law firms as part of the formal submission process. Read More

Doug Rosenblum raises funds for three charities through cycling events

2023/10/09

Partner Doug Rosenblum and his fellow cyclists helped to raise over $5.8 million dollars for three different causes. Doug has been completing cycling fundraisers each summer for years, this year he rode over 100 miles and raised funds for rides benefiting the American Cancer Society (Bike-a-Thon), Multiple Sclerosis Society (Bike MS: City to Shore Ride), and Families Behind the Badge Children’s Foundation (The Ben to The Shore) which supports the families of first responders who died in the line of duty. Read More

Corruption 101: Menendez indictment contains so many bombshell allegations, it’s almost textbook

2023/09/26

An opinion piece written by Pietragallo partner Scott Coffina has been published by Fox News. This article titled “Corruption 101: Menendez indictment contains so many bombshell allegations, it’s almost textbook” discusses the details of the federal indictment against Senator Robert Menendez for bribery, and the standards that are used to convict such bribery cases. Read the full article here. Read More

Scott Coffina to speak at Police Assisted Addiction and Recovery Initiative 2023 National Law Enforcement Summit

2023/12/04

Pietragallo partner Scott Coffina will present “How to Run an Effective and Ethical Diversion Program” at the Police Assisted Addiction and Recovery Initiative (PAARI) 2023 National Law Enforcement Summit held in Boston, MA on December 4-5, 2023. Mr. Coffina will be speaking alongside Melissa O’Mara, Assistant Prosecutor in the Burlington County, NJ Prosecutor’s Office. Mr. Coffina was the County Prosecutor in Burlington County, NJ for five years. More information can be found here. Read More

Scott Coffina to Present at the PTACC’s 2023 National Deflection & Pre-Arrest Diversion Summit

2023/10/04

Pietragallo partner Scott A. Coffina will be presenting at the Police, Treatment, and Community Collaborative’s (PTACC) 2023 National Deflection & Pre-Arrest Diversion Summit taking place from October 3-6, 2023 in Denver, Colorado. Mr. Coffina’s presentation “Coloring Inside the Lines: How to Run an Effective and Ethical Diversion Program”, will take place on October 4th. Drawing upon his experience as the former County Prosecutor of Burlington County, New Jersey, Mr. Coffina will discuss both running an effective police-led intervention program and operating said program in a way that avoids the ethical pitfalls that can plague the treatment industry. He will be joined by Melissa O’Mara from the Burlington County Prosecutor’s Office. The program will highlight the importance of choosing and vetting the right partners, the Eliminating Kickbacks in Recovery Act, support for police and recovery coaches operating the program, as well as oversight, transparency, and accountability. Further information on the conference can be found here. Read More

NJ Justices Clarify Bribery Law Scope, But Questions Remain

2023/08/22

The entire New Jersey Legislature is up for election this year, and over 200 legislative candidates — plus scores more in down-ballot races — finally got word from the state Supreme Court as to whether they may lawfully accept bribes during their campaigns. The answer is a definitive no. In State v. O’Donnell,[1] the New Jersey Supreme Court decided unanimously on Aug. 7 that New Jersey’s bribery statute applies to candidates accepting bribes, as well as the patrons who offer them. Presumably, this decision will not alter any candidate’s fundraising strategy. All jokes about the integrity of New Jersey politics aside, the outcome in O’Donnell is less obvious than the 7-0 decision would suggest — although even before the decision came down, being caught receiving $10,000 in a Baskin-Robbins bag was a bad look for any candidate. Now, it is undeniably illegal, at least under state law. O’Donnell arises from a 2018 sting operation in which a tax attorney cooperating with the government allegedly gave then-Bayonne mayoral candidate Jason O’Donnell $10,000 in “street money” in exchange for a promise to make this cooperator the city’s tax counsel if O’Donnell won the election. O’Donnell lost, and was subsequently indicted for bribery under New Jersey Statutes Annotated 2C:27-2(d).[2] The Hudson County Superior Court dismissed the bribery charge against O’Donnell, agreeing that because he was merely a candidate, not a public official, the bribery statute did not apply to him, citing a 2012 federal decision by the U.S. District Court for the District of New Jersey in U.S. v. Manzo,[3] which concluded Section 2C:27-2(d) does not apply to candidates who are never elected to public office. The Appellate Division reversed, employing a broader reading of the statute, holding that the statute applies to unelected candidates, and it is irrelevant to the candidate’s culpability whether the candidate in fact ever assumes office.[4] Read More

27 Pietragallo Lawyers Named in 2024 The Best Lawyers in America® and Ones to Watch

2023/08/17

Pietragallo Gordon Alfano Bosick & Raspanti, LLP is pleased to announce that 27 lawyers have been named as 2024 The Best Lawyers in America® and Ones to Watch. In addition, partner Marc Stephen Raspanti have received “Lawyer of the Year” award for his work in Health Care Law in Philadelphia. Recognition by Best Lawyers is based entirely on peer review. Their process is designed to capture, as accurately as possible, the consensus opinion of leading lawyers about the professional abilities of their colleagues within the same geographical area and legal practice area. The following were chosen as The Best Lawyers in America: Gaetan Alfano Bet-the-Company Litigation Commercial Litigation Employment Law – Individuals Employment Law – Management Litigation – Labor and Employment Charles Avalli Family Law Litigation – Trusts and Estates Trusts and Estates Joseph J. Bosick Construction Law Pamela Coyle Brecht Qui Tam Law Kerri Lee Cappella Family Law Robert J. D’Anniballe, Jr. Litigation – ERISA Phillip R. Earnest Construction Law Insurance Law Litigation – Construction Mark Gordon Insurance Law Litigation-Insurance Workers’ Compensation Law – Employers Kenneth Horoho, Jr. Family Law David E. Lamm Product Liability Litigation – Defendants James F. Marrion Product Liability Litigation – Defendants Shelly R. Pagac Employment Law-Management Litigation – Labor and Employment Richard J. Parks Bankruptcy and Creditor Debtor Rights / Insolvency and Reorganization Law Corporate Law Litigation – Real Estate William Pietragallo, II Bet-the-Company Litigation Commercial Litigation Mass Tort Litigation / Class Actions – Plaintiffs Personal Injury Litigation – Defendants Francis E. Pipak, Jr. Workers’ Compensation Law – Employer Kevin E. Raphael Criminal Defense: White-Collar Health Care Law Marc Stephen Raspanti Criminal Defense: White-Collar Health Care Law – Lawyer of the Year Qui Tam Law Lourdes Sánchez Ridge Criminal Defense: White-Collar Douglas K. Rosenblum Corporate Compliance Law Criminal Defense: White-Collar Eric G. Soller Commercial Litigation Litigation – Intellectual Property Mass Tort Litigation / Class Actions – Plaintiffs Clem C. Read More