PITTSBURGH, PA- Bryan S. Neft, a partner in the law firm of Pietragallo Gordon Alfano Bosick & Raspanti, LLP, will be appointed as Chair of the Pennsylvania Interest on Lawyers’ Trust Account Board commencing September 1, 2014.
The Pennsylvania Interest on Lawyers’ Trust Accounts (IOLTA) Board is a not-for-profit organization operating under the jurisdiction of the Supreme Court of Pennsylvania. The mission of the IOLTA Board is to support the provision of civil legal services to the Commonwealth’s poor and disadvantaged.
Mr. Neft is a member of the firm’s Litigation, Health Care, Risk Management & Workers’ Compensation, and Qui Tam Practice Groups. Mr. Neft’s practice is focused on commercial litigation and toxic torts, which includes experience in a variety of areas, such as antitrust, banking and lender regulatory matters, business torts, competition and trade secrets, consumer protection, contractual disputes, environmental law, ERISA, false advertising, health care, insurance coverage, medical malpractice, shareholder and corporate control disputes, products liability, accountants’ liability, and insurance bad faith and unfair insurance practices.
Mr. Neft received his law degree from Boston University School of Law and his B.S. from the University of Pennsylvania. Read More
PHILADELPHIA, PA- Three lawyers from Pietragallo Gordon Alfano Bosick & Raspanti, LLP were recently selected by their peers for inclusion in The Best Lawyers in America® 2015 (Copyright 2014 by Woodward/White, Inc., of Aiken, S.C.). The attorneys that received this distinguished honor are listed below:
William Pietragallo, II (Bet-the-Company Litigation, Commercial Litigation, Personal Injury Litigation- Defendants)
Gaetan J. Alfano (Commercial Litigation)
Marc S. Raspanti (Health Care Law)
Since its inception in 1983, Best Lawyers has become universally regarded as the definitive guide to legal excellence. Because Best Lawyers is based on an exhaustive peer-review survey comprising more than 5.5 million confidential evaluations on the legal abilities of other lawyers in their practice areas, and because lawyers are not required or allowed to pay a fee to be listed, inclusion in Best Lawyers is considered a singular honor. Corporate Counselmagazine has called Best Lawyers “the most respected referral list of attorneys in practice.”
Pietragallo Gordon Alfano Bosick & Raspanti, LLP is a 70-attorney regional business and litigation law firm with a national client base. In addition to its Pittsburgh and Philadelphia offices, the firm has offices in Sharon, Pennsylvania; Steubenville, Ohio; and Weirton, West Virginia. Read More
PHILADELPHIA, PA- Michael A. Morse and Pamela C. Brecht of Pietragallo Gordon Alfano Bosick and Raspanti, LLP will be featured presenters at the Philadelphia Bar Association’s 2014 Bench-Bar & Annual Conference on October 17, 2014 in Atlantic City, NJ.
Mr. Morse will moderate the panel “False Claims Act or Whistleblower Litigation: What Every Practitioner Must Know About This Constantly Developing Area of the Law.” Ms. Brecht will be part of the panel presentation. The panel will include an overview of the federal and state False Claims Act statutes; the unique procedural postures of these complex cases; how these cases are prepared and litigated; pitfalls involved in this unique litigation; working with the federal and state governments in whistleblower cases and the pivotal role of the court in False Claims Act litigation.
Michael A. Morse is a partner in the firm’s Philadelphia office where he serves as Chair of the Federal and State Whistleblower (Qui Tam) Litigation Practice Group. He has represented whistleblowers in some of the most ground-breaking false claims cases in the country, resulting in hundreds of millions of dollars in recoveries for federal and state taxpayers. Since 1986, more than $38 Billion has been recovered under the False Claims Act. Mr. Morse has been selected as a Pennsylvania Super Lawyer for 2014 in the area of White Collar Criminal Defense. He has also been selected by The Legal Intelligencer as a Lawyer on the Fast Track for 2010. Mr. Morse received his B.A. from the University of Michigan and his J.D. from Emory University Law School.
Pamela C. Brecht is a senior associate in the firm’s Philadelphia office. Ms. Brecht focuses her practice on state and federal qui tam litigation and complex federal litigation. She has been or is currently involved in litigating some of the most complex Qui Tam cases filed in various courts throughout the United States. Read More
PHILADELPHIA, PA – Gaetan J. Alfano, a partner in the law firm of Pietragallo Gordon Alfano Bosick & Raspanti, LLP, presented at a CLE seminar sponsored by the Pennsylvania Bar Institute on July 23, 2014 in Philadelphia, PA.
Mr. Alfano presented at the seminar “Trial of a Federal Court Case.” The seminar allowed attendees to watch a trial unfold from opening statements through jury deliberations. The presentation provided insight from an experienced jury consultant, showcased seasoned trial lawyers working together as a team to try their side’s case, and permitted participants to ask jurors about their perceptions and understanding of the trial.
Mr. Alfano is Co-Chair of the firm’s Litigation Practice Group. He presently serves as Vice-Chancellor of the Philadelphia Bar Association. Read More
PHILADELPHIA, PA- Michael A. Morse, a partner in the law firm of Pietragallo Gordon Alfano Bosick and Raspanti, LLP, presented at the Florida Hospital Association’s 11th Annual Health Care Corporate Compliance Education Retreat in Daytona Beach Shores, FL on June 18, 2014.
Mr. Morse spoke on the “Anatomy of a False Claims Act Investigation,” which discussed key aspects of whistleblower lawsuits, the government’s investigation of health care fraud, and strategies for businesses confronted with such investigations. Mr. Morse presented along with Jeffrey Dickstein from the United States Attorney’s Office in Miami and Gabriel Imperato, a Managing Partner with Broad and Cassel.
Mr. Morse is a former prosecutor who has developed a nationwide practice representing whistleblowers under federal and state false claims acts. Mr. Morse serves as the chair of the Federal and State Whistleblower (Qui Tam) Litigation Practice Group. He has represented whistleblowers in some of the most ground-breaking false claims cases in the country, resulting in hundreds of millions of dollars in recoveries for federal and state taxpayers. Since 1986, more than $38 Billion has been recovered under the False Claims Act.
Mr. Morse has been selected as a Pennsylvania Super Lawyer for 2014 in the area of White Collar Criminal Defense. Previously, he was selected as a Pennsylvania Super Lawyers Rising Star for 2005 through 2008 and 2010 through 2014 in the area of White Collar Criminal Defense. He has also been selected by The Legal Intelligencer as a Lawyer on the Fast Track for 2010.
Mr. Morse received his B.A. from the University of Michigan and his J.D. from Emory University Law School. Read More
The United States Court of Appeals for the D.C. Circuit recently overturned a district court ruling that, if allowed to stand, would have limited the protection of the attorney-client privilege in corporate internal investigations. The case, In re Kellogg Brown & Root, Inc., 2014 U.S App LEXIS 12115 (D.C. Cir. 2014), involved a company’s challenge of a district court’s order to produce documents from an internal investigation by its legal department. In an unprecedented move, the district court found that the attorney-client privilege applied to communications only where those communications were made solely for the purpose of obtaining legal advice. Under this standard, the company was required to produce its internal investigation documents because the investigation in question was conducted not just to obtain legal advice, but also for business purposes related to compliance with government regulations.
The D.C. Circuit Court of Appeals flatly rejected this approach, holding that so long as one of the significant purposes of a communication was to obtain or provide legal advice, the privilege applies even where the investigation has been conducted for both business and legal reasons. In addition, according to the Kellogg analysis, the privilege applies regardless of whether the investigation was conducted by inside or outside counsel or non-attorneys, as long as the investigation was at the direction of the law department. In light of this standard, counsel should be diligent in documenting that a significant purpose of any investigation is to obtain or provide legal advice in order to ensure that the privilege is preserved. Read More
On July 1, 2014, the Supreme Court agreed to hear an appeal from the Fourth Circuit Court of Appeals in Young v. United Parcel Service, Inc., a case brought by a former UPS delivery driver who claims UPS violated the Pregnancy Discrimination Act (“PDA”) contained in Title VII, when it improperly denied her request for light duty work because of a recommended lifting restriction during her pregnancy. Young was not given the same accommodation as non-pregnant employees with similar limitations, in that UPS offered light duty only to employees with on-the-job injuries, employees with permanent impairments entitled to accommodation under the Americans with Disabilities Act (“ADA”) and employees who lost Department of Transportation certification to drive commercial vehicles. Pregnant employees (women) were deemed ineligible for light duty work for any limitations arising solely as a result of their pregnancy.
On July 14, 2014, only 13 days after the Court agreed to hear Young’s appeal, the EEOC issued its Enforcement Guidance on Pregnancy Discrimination and Related Issues. The EEOC sets forth a comprehensive list of questions and answers regarding pregnancy and provides a list of recommended best practices in terms of hiring and other employment decisions. Most notably, the guidance addresses employers’ duties under the PDA and ADA and provides that employers are to provide reasonable accommodations, and specifically light duty, to pregnant employees with work restrictions, even if the employee does not qualify as an individual with a disability under the ADA.
The guidance discusses matters that relate directly to the facts and issues to be examined and decided by the Supreme Court in Young v. UPS. However, the guidance does not have the force of law and the Supreme Court’s decision in Young could directly contradict the EEOC guidance. If this occurs, the EEOC will face vociferous criticism. This potential for conflict creates some uncertainty for employers regarding their obligations. Read More
PHILADELPHIA, PA – Marc S. Raspanti, a name partner in the law firm of Pietragallo Gordon Alfano Bosick & Raspanti, LLP, will present at the 17th Annual Florida Chapter of the American Board of Trial Advocates Convention on July 18th, 2014 at The Breakers in Palm Beach, Florida.
The American Board of Trial Advocates, founded in 1958, is an organization dedicated to defending the American civil justice system. Many consider an invitation to join the American Board of Trial Advocates as one of the special highlights of their legal career. ABOTA has chapters in all 50 states, and members constitute a “who’s who” of successful trial lawyers, nationwide. ABOTA is uniquely qualified to speak about the value of the constitutionally mandated jury system as the protector of the rights of persons and property.
Mr. Raspanti will speak on the panel “Qui Tam – Qui What?” The panel will discuss perspectives from an experienced government counsel, relator’s counsel, and defense counsel. As relator’s counsel, Mr. Raspanti will discuss federal and state False Claims Acts, how investigations typically proceed, and health care fraud prosecutions under the Act.
Mr. Raspanti is recognized as one of the most successful, skilled, and experienced qui tam attorneys in the United States. Since 1989, Mr. Raspanti has litigated many of the most complex and important cases in the history of the federal False Claims Act. He has served as lead counsel for whistleblowers in false claims cases that have resulted in over $1.8 billion in recoveries for federal and state taxpayers. He focuses his practice on federal and state qui tam litigation, white collar criminal defense, criminal and civil health care fraud defense, internal corporate investigations, compliance, professional licensing litigation, and complex civil litigation.
Mr. Raspanti received his B.A. from Villanova University and his J.D. from Temple University School of Law. Read More
