Michael Morse to speak at the 33rd Annual National Institute on Health Care Fraud

2023/05/05

Pietragallo partner Michael Morse will be speaking at the American Bar Association’s 33rd Annual National Institute on Health Care Fraud on May 3-5, 2023 in Chicago, IL. Mr. Morse will be speaking on “Enforcement and Private Equity” with fellow speakers Kirk Ogrosky, partner at Goodwin Procter, LLP and Kevin Lownds, Deputy Chief in the Office of Attorney General Andrea Joy Campbell, Medicaid Fraud Division. Their panel will focus on health care fraud enforcement actions against private equity organizations. This two-and-a-half-day event will offer over 13 hours of CLE credit to attendees. Further information and registration can be found here. Read More

Marc Stephen Raspanti to speak at the Federal Bar Association’s “False Claims Act Today”

2023/05/17

Pietragallo partner Marc Stephen Raspanti, seasoned litigator and founder of Pietragallo’s Qui Tam & False Claims Act practice group, will be a speaker for the Federal Bar Association’s “False Claims Act Today” discussion focusing on the Eastern District of Pennsylvania. The event will be held virtually on Wednesday, May 17, 2023 at noon and offers free registration. The panel will feature a Senior Assistant U.S. Attorney for the Eastern District of Pennsylvania, a federal judge, and counsel who will provide both relator and defendant insights on this unique practice area. Interested? Click here for more information. Read More

Let the Record Reflect, There Are No “Usual Stipulations”

2023/02/23

By The Legal Intelligencer’s The Young Lawyer Editorial Board Let’s set the record straight. There are no “usual stipulations” that apply to depositions. Although some attorneys may share a vague understanding about the usual stipulations, the phrase has no established meaning. In fact, there is no rule, case, or statute that defines the usual stipulations. “Everyone purports to know without asking the content of the ‘usual stipulations’ until a dispute arises; the ephemeral nature of the parties’ understanding is then quite apparent.” See United States v. Liquid Sugars, 158 F.R.D. 466, 473 n.8 (E.D. Cal. 1994). Because the phrase has no accepted meaning, an attorney should respond to a proposal for the usual stipulations by asking, “What do you mean by the usual stipulations?” The question might elicit shock, anger, or some patronizing retort like, “I’m surprised you don’t know what the usual stipulations are.” You may feel tempted to agree to the usual stipulations without any clarification. This is especially true for newer lawyers, who fear that asking for an explanation will reveal their inexperience. But there is no reason to be embarrassed. In all likelihood, the attorney proposing the usual stipulations has no idea what the phrase means. Many attorneys simply mimic what they perceive to be a common practice without questioning whether the practice makes sense. These same attorneys might argue, “I’ve done hundreds of depositions, and no one has ever refused the usual stipulations.” That may be true, but a prevalent practice can still be a flawed practice. Consider these two common versions of the usual stipulations: “reserving all objections until trial or there is an attempt to use the deposition” or “reserving all objections except to the form of a question.” While neither helps the taking attorney, both give the defending attorney a strategic advantage beyond what the rules provide. Read More

The Hyde Amendment- A Seldom Used, Seldom Granted But Powerful Tool

December 7, 2022

Pietragallo partner was recently published in For The Defense, a publication of the Pennsylvania Association of Criminal Defense Lawyers (PACDL). Her article, entitled The Hyde Amendment- A Seldom Used, Seldom Granted But Powerful Tool, has been published in Vol. 7, Issue 4 of the editorial, a link to which can be found below. The article provides a detailed description of the Hyde Amendment, a tool available to criminal defendants to claim attorneys’ fees following a vexatious and frivolous prosecution. The article can be read here. Read More

Pietragallo is recognized as a “Best Law Firm” by U.S. News & World Report

2022/11/03

U.S. News & World Report recognizes Pietragallo Gordon Alfano Bosick & Raspanti, LLP as a 2023 Tier 1 Metro “Best Law Firm” in twelve practice areas in Pittsburgh and Philadelphia. These twelve practice areas are: Commercial Litigation (PGH & PHL) Employment Law – Individuals (PHL) Health Care Law (PHL) Insurance Law (PGH) Litigation – Labor & Employment (PGH & PHL) Litigation – Health Care (PGH) Litigation – Insurance (PGH) Litigation – Trusts & Estates (PGH) Mass Tort Litigation / Class Actions – Plaintiffs (PGH) Medical Malpractice Law – Defendants (PGH) Personal Injury Litigation – Defendants (PGH) and Product Liability Litigation – Defendants (PGH) In addition to the Tier 1 Metro ratings, Pietragallo was named: Tier 2 Metro in Pittsburgh and Philadelphia in the practice areas of Bet-the-Company Litigation, Criminal Defense: White-Collar, Employment Law – Management, Litigation – Intellectual Property, and Professional Malpractice Law – Defendants. Tier 3 Metro in Pittsburgh and West Palm Beach in the practice areas of Bankruptcy and Creditor Debtor Rights/Insolvency and Reorganization Law, Construction Law, Litigation – Construction, Criminal Defense: General Practice, and Criminal Defense: White-Collar Pietragallo has also been named as Tier 2 across the nation in Litigation – Labor & Employment and Tier 3 nationally for our work in Commercial Litigation and 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. Read More

Uncharted waters: The University of Pittsburgh’s football team forays into newly available name, image and likeness opportunities

2022/10/21

I. University of Pittsburgh’s Handing of NIL Change The University of Pittsburgh (Pitt) has taken a progressive stance on its Name, Image, and Likeness (NIL) policy; choosing to assist its student-athletes rather than hinder them in pursuit of these newfound opportunities. The recent change in the NCAA’s stance on student-athlete compensation has given the players the opportunity for personal financial gain and the ability to partner with charities. “As it relates to providing our student-athletes with the most extraordinary experience at Pitt, our goal is to be progressive, innovative and helpful in every aspect of their student-athlete experience and the world of name, image and likeness is no different…We look forward to helping our student-athletes learn more about this topic and build a transparent relationship with them and their families so we can assist in their efforts or aspirations to maximize compensation and opportunities involving their name, image and likeness,1” said Heather Lyke, Pitt’s Athletic Director. One of Pitt boosters’ first major foray into NIL came in the form of a traditional NIL collective, Alliance 412. Per NCAA guidance, Alliance 412 seeks to support all Pitt athletics without a formal relationship with the University itself. Instead, the collective hopes to connect Pitt student-athletes with businesses and strategic partners while maintaining transparency and compliance.2 On Aug. 10, 2021, the Steel City NIL Club began operation through a partnership with YOKE. This organization offers a unique approach for members of Pitt’s football team to engage in a variety of NIL opportunities. In contrast to Alliance 412, which engages in more traditional NIL deals, the Steel City NIL Club is a more direct revenue stream for the players. The YOKE platform creates a paywalled community granting paying members special access to the participating players in the form of Q and A’s, and exclusive player created content.3 The profits from these memberships are then split evenly among the participating players. Read More

Pietragallo Welcomes New Associate

2022/10/17

Pietragallo Gordon Alfano Bosick & Raspanti, LLP is pleased to announce the addition of a new associate to the firm’s Pittsburgh and Philadelphia Offices. Megan E. Young joins our Employment & Labor team in our Philadelphia Office. Megan completed an externship in the City of Philadelphia’s Law Department where she handled a multitude of aspects of the litigation process including initial responsive pleadings, written discovery, depositions, pre-trial motions, municipal court, and arbitration hearings. She also spent time at a public healthcare technology company. Megan is a graduate of Temple University Beasley School of Law. About Pietragallo Pietragallo Gordon Alfano Bosick & Raspanti, LLP is a multi-disciplined business and litigation law firm headquartered in Pittsburgh and Philadelphia with six offices throughout Pennsylvania, Florida, Ohio, and West Virginia from which we are able to serve our clients in all 50 states and the District of Columbia. Read More

SEC Heightens Compliance Enforcement of Public Companies in 2022

2022/09/02

With the appointment of Gurbir Grewal as enforcement director of the Securities and Exchange Commission (SEC), 2022 has, as expected, seen more stringent oversight into public companies. Grewal formerly served as attorney general of New Jersey until 2021. The SEC selected Grewal to be tougher on Wall Street than his predecessors. Between 2019 and 2021, SEC enforcement actions against public companies dropped by nearly half due to the pandemic and changing leadership. Grewal, along with other top SEC officials, outlined a list of new priorities for the agency, many of which focus on deterrence against corporate misconduct. Five main types of SEC enforcement actions have taken center stage with the new administration and are expected to continue to be top priorities throughout the year and beyond. Here, we examine these five main types of enforcement actions. Read the full article . Copyright 2022 CEP Magazine, a publication of the Society of Corporate Compliance and Ethics (SCCE). Read More

22 Pietragallo Lawyers Named in 2023 The Best Lawyers in America and Ones to Watch

2022/08/18

Pietragallo Gordon Alfano Bosick & Raspanti, LLP is pleased to announce that 22 lawyers have been named as 2023 The Best Lawyers in America and 2023 Ones to Watch. Best Lawyers employs a sophisticated, conscientious, rational, and transparent survey process designed to elicit meaningful and substantive evaluations of the quality of legal services. Recognition by Best Lawyers is based entirely on peer review. The following were chosen as The Best Lawyers in America: Gaetan Alfano Pamela Coyle Brecht Phillip R. Earnest Mark Gordon James W. Kraus James F. Marrion Richard J. Parks William Pietragallo, II Francis E. Pipak, Jr. Kevin E. Raphael Marc Stephen Raspanti Douglas K. Rosenblum Clem C. Trischler Peter St. Tienne Wolff The following were chosen as The Best Lawyers in America: Ones to Watch: Lee K. Goldfarb John Kettering Alexander M. Owens Stephen F. Raiola Mark T. Sottile Frank H. Stoy About Pietragallo Pietragallo Gordon Alfano Bosick & Raspanti, LLP is a multi-disciplined business and litigation law firm headquartered in Pittsburgh and Philadelphia with six offices throughout Pennsylvania, Florida, Ohio, and West Virginia from which we are able to serve our clients in all 50 states and the District of Columbia. Read More

Supreme Court Just Made a Prosecutor’s Job More Difficult: The Impact of ‘Ruan’

2022/07/21

On June 27, the U.S. Supreme Court expanded the scope of the government’s burden of proof of a defendant’s mental state, or mens rea. The Supreme Court held that in a statute that provided an exception or exemption to prosecution, that is a clause stating “except as authorized,” the government must now prove beyond a reasonable doubt that a defendant knew that he did not fall within the scope of that exception. Although the case related to a federal criminal statute prohibiting the dispensing or distribution of controlled substances by a physician, the ruling can be applied to myriad criminal statutes that carve out exceptions or exemptions to prosecution. This article explains the Supreme Court’s decision and focuses on the ramifications as it pertains to other criminal statutes. It also raises questions regarding the reasonableness standards of the exclusionary rule under United States v. Leon, 468 U.S. 897 (1984). In Ruan v. United States, 597 U.S.        (2022), two physicians in two distinct cases were convicted of dispensing or distributing controlled substances by issuing opioid prescriptions in violation of 21 U.S.C. Section 841(a). Section 841 makes it a federal crime “except as authorized, … for any person knowingly or intentionally … to manufacture, distribute, or dispense … a controlled substance.” The Supreme Court consolidated the cases for purposes of the opinion. The defendants asserted that they were authorized to issue the prescriptions under 21 CFR Section 1306(a)(2021), which allows physicians to write prescriptions for controlled substances only “for a legitimate medical purpose … acting in the usual course of his professional practice.” They further asserted that even if they failed to comply with such standard, they believed they did. In other words, they asserted a good faith defense. The government in both trials argued that the prescriptions issued by the defendants did not comply with the standards set forth in 21 CFR Section 1306(a). Read More