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… Read more »
On Jan. 22, the Pennsylvania Supreme Court issued a unanimous opinion ordering the permanent sealing of a grand jury report relating to allegations of sexual abuse and a potential coverup. In the opinion, In re Grand Jury Investigation No. 18, the Supreme Court concluded that because the report did not meet the Investigating Grand Jury… Read more »
Can I Just Be John Doe? A review of remaining anonymous in False Claims Act cases There is strong appeal in the concept of remaining anonymous for many whistleblowers but unless you can prove both a fear of severe harm, and that the fear of severe harm is reasonable, two recent Circuit Court decisions illustrate how… Read more »
On April 23, 2020, Pietragallo partner Michael A. Morse will present “How the False Claims Act Impacts Municipalities.” The False Claims Act (FCA) has been a tool used against municipalities and a tool used by municipalities. During this presentation, which is a part of the International Municipal Lawyers’ Association (IMLA) annual seminar, attendees will learn how… Read more »
On Sunday, March 29, 2020, Pietragallo partner Michael A. Morse will present at the Health Care Compliance Association’s 24th Annual Compliance Institute in Nashville, Tennessee, on “The False Claims Act Update.” During this presentation, attendees will: Understand the fundamentals of liability, damages and procedure under the FCA Review critical recent court interpretations of the Supreme… Read more »
On Nov. 20, in Commonwealth v. Davis, — A 3d. —, 56 MAP 2018, (Pa. 2019), the Pennsylvania Supreme Court held that compelling an individual to provide their password to an encrypted electronic device violates the Fifth Amendment. In this case of first impression, the government had moved to compel a defendant accused of distributing child… Read more »
Individual liability continues to be at the forefront of criminal investigations and the litigation that often follows. Throughout the past five years, the U.S. Department of Justice’s edicts on individual culpability have varied in tone and rigidity, but the underlying focus on individuals has remained constant. On Sept. 9, 2015, former Deputy Attorney General Sally… Read more »
Pietragallo partner Michael A. Morse will be presenting at the Pennsylvania Bar Institute’s (“PBI”) Health Law Institute on March 11-12, 2020. Mr. Morse’s session topic is, “Preparing for the Fight of Your Life: Anatomy of a Health Care Fraud Prosecution.” The PBI notes that the Health Law Institute is, “The event of the year for… Read more »
The United States recently filed a False Claims Act Complaint in Intervention against Florida-based compounding pharmacy Patient Care America (“PCA”), two PCA employees, as well as the private equity (“PE”) firm that acquired PCA and helped manage the company.1 The scheme alleged by the government was a common one: the payment of kickbacks for referrals… Read more »
William Pietragallo, II, Founding Partner of Pietragallo Gordon Alfano Bosick & Raspanti, has been appointed as a member of the Advisory Board of the Center for Law, Brain and Behavior (“CLBB”). The CLBB is based at Massachusetts General Hospital, a Harvard Medical School teaching hospital, and serves as a resource for the understanding of the interaction… Read more »