The perils of substituting relators in the midst of a qui tam were the highlight of this week’s decision by the Delaware Supreme Court on certification from the Third Circuit Court of Appeals in United States v. Sanofi-Aventis United States Llc, No. 256, 2019, 2020 Del. LEXIS 97 (Mar. 17, 2020), on certification from In re: Plavix Marketing, Sales Practices and Products Liability Litigation, 19-2472 (3d Cir. June 12, 2019) [hereinafter Certification].
Three individuals (two physicians and a Sanofi sales representative) formed a Delaware limited liability partnership to act as Relator, that is, “to file and prosecute” a whistleblower action under the federal False Claims Act (“FCA”), 31 U.S.C. §3729 et seq, and state analogs, against several defendants. Sanofi-Aventis 2020 Del. Lexis at *2. The three individuals’ partnership agreement contained the following provision: “the Partnership shall not be a separate legal entity distinct from its Partners.” Id. at 4. The Third Circuit explained the likely reason for this provision: if the original partnership was a separate legal entity, the fact that it did not exist at the time the alleged fraud occurred would prevent it from being an “original source” with direct knowledge of the fraud under the pre-amendment FCA. Sanofi-Aventis 2020 Del. Lexis at *4-5, citing In re: Plavix Marketing, Sales Practices and Products Liability Litigation (No. II), 315 F.Supp. 3d 817 at 381(D.N.J. 2018), appeal docketed, No. 19-2472 (3d Cir. July 3, 2018) [hereinafter Opinion].[1]
Nine days after its formation, the relator partnership filed the qui tam complaint against Sanofi-Aventis U.S. LLC, Sanofi-Aventis U.S. Services, Inc., Aventis, Inc., Aventis Pharmaceuticals, Inc., Bristol-Myers Squibb Company, and Bristol-Myers Squibb Pharmaceuticals Holding Partnership In their complaint, the relator partnership alleged that each of the original partners were an “original source” of the information upon which their allegations were based. While the case was pending, one of the partners left the partnership and was replaced by another physician partner. Read More
The Pennsylvania Bar Institute will be holding it’s next Cyberlaw Update program on April 27, 2020 in Pittsburgh. During this program, attendees will discuss: experiences with new state and EU regulations on privacy, current security dangers and data breach responses, the impact of Artificial Intelligence (AI), cloud and other technologies in business, electronic communication and its impact on litigation and discovery, and ethical challenges with social media and the ever-changing social technology environment.
Pietragallo Partner Chris A. Iacono is faculty of the program. He will co-present during a Cyber and Litigation segment titled, “Responding to Data Breaches: Legal Updates and Practical Counsel.”
THIS EVENT HAS BEEN POSTPONED. PLEASE SUBSCRIBE TO OUR FIRM NEWSLETTER FOR ALERTS AND UPDATES.
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Each year, the Young Lawyers Division (YLD) of the Pennsylvania Bar Association (PBA) hosts one of the largest mock trial competitions in the nation. The PBA/YLD Mock Trial Competition gives more than 300 high school student teams from across the state the opportunity to act as lawyers and witnesses in simulated civil and criminal trials before actual judges and panels of juries. The competition takes place over several months and is led by volunteer attorneys who assist students as team advisors, scorekeepers, regional coordinators and judges.
Pietragallo Partner Peter S. Wolff and Associates Fino Caliguire and Rebecca Johnson volunteered as judges during the 2020 District Play-Offs portion of the competition. “The level of talent demonstrated by the teams was amazing,” said, Peter S. Wolff. Mr. Caliguire commented, “Rebecca and I both were expecting great performances knowing that this was the final round of the competition. Even so, we were both blown away by the preparedness and professionalism of the high school competitors. Not only were their speeches and direct examinations smooth and well-rehearsed, their ability to adapt on cross examination and improvise in portions of their closings was incredible for students their age. I would not be surprised to run into some familiar faces from the competition in a courtroom 7 or 8 years down the road.”
The Firm extends its congratulation to Eden Christian Academy who secured the most points and who will proceed onto the next level of the competition, the regional playoffs.
For more information about the PBA/YLD Mock Trial Competition, we invite you to visit the PBA website.
For more information about any of our attorneys, we invite you to visit Our Team page. Read More
As published in The New York Law Journal
An amendment to New York’s data breach notification law, the Stop Hacks and Improve Electronic Data Security Act (the SHIELD Act), will take effect on March 21, 2020. The amendment to the SHIELD Act creates stricter data security over confidential personal information and breach notification requirements to protect New Yorkers following a breach.
The amendments to the SHIELD Act broaden the law’s reach applying to any company that collects personal information of New York residents, even if the company does not conduct business within the state of New York. The information protected under the SHIELD Act includes: social Security numbers, drivers’ licenses numbers, credit or debit card numbers, financial account numbers with or without security codes, biometric information, email addresses, email passwords, and email security questions and answers.
The amendments also broaden the definition of “breach,” which is newly defined as requiring only unauthorized access to confidential information to constitute a breach, even if the accessor fails to take or use the information obtained. Once a breach occurs, companies must notify consumers “immediately following discovery.” Notice to consumers must include:
… contact information for the person or business making the notification, the telephone numbers and websites of the relevant state and federal agencies that provide information regarding security breach response and identity theft prevention and protection information, and a description of the categories of information that were, or are reasonably believed to have been, accessed or acquired by a person without valid authorization, including specification of which of the elements of personal information and private information were, or are reasonably believed to have been, so accessed or acquired.
There are two exceptions to the SHIELD Act’s notification requirement: (1) when the breach was inadvertent by someone who had authority to access the information and reasonably determines that the exposure will not likely result in misuse or harm; or (2) if notice of the breach is made to affected persons through another breach notification law, such as the Gramm-Leach-Bliley Act and the Health Insurance Portability and Accountability Act of 1996. Read More
On Thursday, February 20, Pietragallo Partner Jim Marrion will sit on a panel about the Pennsylvania Unfair Trade Practices and Consumer Protection Law.
During this three-hour CLE, offered through the Allegheny County Bar Association, panelists will discuss, in-depth, the issues under the Unfair Trade Practices and Consumer Protection Law that attorneys need to be aware of including: ascertainable loss, attorneys’ fees, justifiable reliance, what claims are and are not covered, actual damages, treble damages, intent, comparison with fraud, the catchall clause and differences between pre- and post-amendment requirements.
For more information about Jim Marrion, we invite you to view his biography and contact him directly.
For more information about the ACBA CLE program, please visit the ACBA website here. Read More
The Pietragallo Law Firm and S-E-A Limited are co-hosting an event on Wednesday, February 19, 2020 titled, “Defending Trucking and Vehicle Cases in the 21st Century.” During this dynamic event which begins at 11:30am, industry leaders will review a variety of topics unique to the trucking industry including:
“Accident Reconstruction through 21st Century Visualization” and “Over the Limit? Conducting Impaired Driving Investigations.”
This exciting event concludes with Pietragallo’s Product Liability group Chair and Autonomous Vehicle specialist, Jim Marrion, participating in a panel discussion titled, “The Past, Present and Future of Autonomous Vehicles.”
For more information about this event, please contact news@pietragallo.com. Read More
Pietragallo Gordon Alfano Bosick & Raspanti, LLP Partner Eric G. Soller is Program Vice Chair of the 31st Annual Academy of Trial Lawyers of Allegheny County’s Federal Practice Program titled “Winds of Change in the Federal Courts.” The Program will take place on Friday, December 13, 2019 at the Omni William Penn Hotel in Pittsburgh, PA.
The Program will be separated into three segments:
Segment I – Not an Open or Shut Case: Constitutional and Ethical Implications of Protective and Sealing Orders
Segment II – Protecting and Waiving the Work Product Privilege: State vs. Federal Court
Segment III – Meet Some New Judges of the United States District Court for the Western District of Pennsylvania
For more information about Eric G. Soller, we invite you to view his biography or contact him directly.
For more information about the “Winds of Change” program, please view the program flyer here. Read More
U.S. News & World Report recognizes Pietragallo Gordon Alfano Bosick & Raspanti, LLP as a 2020 Tier 1 Metro “Best Law Firm” in six practice areas in Pittsburgh and Philadelphia. These six practice areas are:
Commercial Litigation (PGH & PHL)
Bet-the-Company Litigation (PGH)
Health Care Law (PHL)
Medical Malpractice Law – Defendants (PGH)
Personal Injury Litigation – Defendants (PGH) and
Workers’ Compensation Law – Employers (PGH).
In addition to the Tier 1 Metro ratings, Pietragallo was named a Tier 2 Metro “Best Law Firm” in Pittsburgh in the practice of Product Liability Litigation – Defendants.
Pietragallo has also been named as Tier 2 across the nation in Commercial Litigation and Tier 3 nationally for our work in Health Care Law.
The U.S. News & World Report’s “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. Clients were asked to provide feedback on firm practice groups, addressing: expertise, responsiveness, understanding of a business and its needs, cost-effectiveness, civility, and whether they would refer another client to the firm. Lawyers also voted on expertise, responsiveness, integrity, cost-effectiveness, whether they would refer a matter to a firm, and if they consider a firm a worthy competitor.
Firms included in the 2020 “Best Law Firms” list are recognized for professional excellence with persistently impressive ratings from clients and peers. Achieving a tiered ranking signals a unique combination of quality law practice and legal expertise.
For more information on the 2020 “Best Law Firms” and Pietragallo’s ratings, please visit http://bestlawfirms.usnews.com. Read More
Pietragallo Gordon Alfano Bosick & Raspanti, LLP Partner Gaetan J. Alfano will be presenting at the Pennsylvania Bar Institute’s (“PBI”) November 7 Program, “Best Practices in Pretrial Litigation in the Federal Courts 2019.”
The program will start at 9:00 AM and takes place at the CLE Conference Center in the Wanamaker Building in Philadelphia.
During this course, attendees will review the practices and procedures for pretrial litigation in the federal courts with a distinguished panel of judges and practitioners, learn the processes and strategies to litigate in federal court, and perfect planning habits.
To register for this course, please visit the PBI website .
For more information about Gaetan J. Alfano, we invite you to visit his biography or contact him directly. Read More
Pietragallo Gordon Alfano Bosick & Raspanti, LLP is pleased to announce the addition of new Associates: Rebecca L. Johnson and Matthew D. Scherbarth.
Ms. Johnson joins the Commercial Litigation and Class Action groups after receiving her J.D. from Harvard Law School, where she was twice the recipient of the Paul C. Weiler Scholar Award, and Mr. Scherbarth joins the Commercial Litigation and Fiduciary, Estates & Trusts Litigation groups after recently completing his J.D. at Boston College Law School.
Both Associates were sworn into the Pennsylvania Bar on October 23, 2019.
For more information about any member of our team, we invite you to visit Our Team page.
(Judge Christine Ward, Rebecca L. Johnson, left; Judge Christine Ward, Matthew D. Scherbarth, right) Read More
May 23, 2022
Pietragallo is pleased to announce that 23 lawyers have been named as 2022 Super Lawyers and Rising Stars, including partner Marc Raspanti who was recognized in the Top 100 in Pennsylvania and Philadelphia. Read More
