Chambers USA Recognizes Pietragallo as a 2022 Leading Law Firm in Pennsylvania

2022/06/01

Pietragallo Gordon Alfano Bosick & Raspanti, LLP is pleased to be recognized by Chambers USA in its 2022 guide in the area of Litigation: White-Collar Crime & Government Investigations in Pennsylvania.  Chambers ranks leading law firms and attorneys across the U.S. based on the opinion of their clients and peers, and by the quality of their work. Chambers USA acknowledges that the Pietragallo team “is extremely knowledgeable about every facet of the work they are performing. In addition, they are very reliable, responsive and provide an excellent work product.” Clients and peers are quoted as saying, “They are reliable and straightforward. They certainly pay attention to me and keep me informed on matters referred to them.” Additionally, the following partners are ranked: William Pietragallo— Litigation: General Commercial— Pennsylvania: Pittsburgh & Surrounds Marc S. Raspanti— Litigation: White Collar Crime & Government Investigations— Pennsylvania Kevin E. Raphael— Litigation: White Collar Crime & Government Investigations— Pennsylvania   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

The emerging battle over ‘objective reasonableness’ in False Claims Act cases

2022/06/01

The Medicare and Medicaid programs are exceedingly complex, and navigating the myriad statutes, regulations, rules, and guidance presents significant challenges for all healthcare providers and compliance professionals—even the United States Supreme Court has recognized that the Medicare program is a “complex and highly technical regulatory program.”[1] This job is sometimes made even more difficult because program regulations can be ambiguous, and government officials are often unable or unwilling to provide further clarification. Add to the mix that failure to comply with Medicare and Medicaid regulations can result in False Claims Act (FCA) liability, and many healthcare providers can’t help but express frustration. A new battle emerging in the courts may afford healthcare providers some relief when confronted with ambiguous Medicare and Medicaid regulations. In United States ex rel. Schutte v. SuperValu Inc., decided on August 12, 2021, the Seventh Circuit Court of Appeals held that a defendant does not knowingly submit a false claim “if (a) it has an objectively reasonable reading of the statute or regulation and (b) there was no authoritative guidance warning against its erroneous view.”[2] In it, the Seventh Circuit joined the Third, Eighth, Ninth, and D.C. Circuits in endorsing an objective reasonableness standard under the FCA. However, the Seventh Circuit, over a vigorous dissent, went further than the other courts, which have recognized an objective reasonableness standard, setting up a battle that could significantly affect future FCA cases. Read more here, Copyright 2022 Compliance Today, a publication of the Health Care Compliance Association (HCCA). Read More

16 Pietragallo Lawyers Named in 2022 Pennsylvania Super Lawyers and Rising Stars

2022/05/23

Pietragallo is pleased to announce that 16 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. Super Lawyers is a service of Thomson Reuters legal division which compiles a list of outstanding lawyers from more than 74 practice areas. Each year, a research team at Super Lawyers conducts a multi-phase selection process reviewing independent research, peer nominations, and peer evaluations. With the objective being to provide a reliable, wide-ranging list of attorneys that can be used as a source for finding exceptional legal counsel. The following were chosen as Pennsylvania Super Lawyers: Gaetan J. Alfano Joseph J. Bosick Mark Gordon P. Brennan Hart Christopher A. Iacono Michael A. Morse William Pietragallo, II Francis E. Pipak, Jr. Marc S. Raspanti (Top 100 in Pennsylvania and Top 100 in Philadelphia) Douglas K. Rosenblum Clem C. Trischler Paul K. Vey The following were chosen as Pennsylvania Rising Stars: Ashley J. Kenny John W. Kettering Alexander Owens Peter St. Tienne Wolff   About Pietragallo Pietragallo Gordon Alfano Bosick & Raspanti, LLP is a multi-disciplined business and commercial litigation firm headquartered in Pittsburgh 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

When Work-Life Balance is Underwater

2022/05/13

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THE REVERSE FALSE CLAIMS ACT: A Relatively Unknown, But Increasingly Used, Provision of the FCA

2022/04/27

Volumes have been written about the False Claims Act as a tool to pursue fraud against the government in circumstances where the defendant has allegedly made false statements to receive money from the government.  For purposes of our discussion here, we refer to this aspect of the False Claims Act as “affirmative false claims.”  Westlaw and Lexis are replete with cases addressing the government’s and relators’ claims seeking recovery for affirmative false claims allegedly perpetrated by defendants.  While there are still cases exploring the parameters of materiality and “objective falsity,” much about the False Claims Act’s affirmative false claims provisions is settled law. Not so the reverse false claims provision of the False Claims Act.  The reverse false claims provision permits the government or relators to pursue defendants who are alleged to have hidden or reduced an obligation to pay the government through false statements, or who have violated the 60-day payment rule’s obligation to return “identified overpayments.”   These claims typically have been raised in the context of cost reporting, Medicare Part C, or related to alleged failures to fulfill obligations under the 60-day payment rule.  The government and relators have increasingly relied on the reverse false claims provision to support stand-alone claims or have used it in conjunction with affirmative false claims.  However, because the reverse false claims provision is very lightly used compared to affirmative false claims provisions, there is a dearth of case law defining it or exploring its parameters.   The case law that does exist is primarily from district courts and, as the survey of case law contained herein illustrates, there is little guidance from the Circuit Courts or the U.S. Supreme Court.[1] In this chapter, we cover the legislative history of the reverse false claims provision, the impact of the 2009 Fraud Enforcement and Recovery Act’s significant amendments to the reverse false claims provision, a survey of relevant reverse false claims cases, and finally, a discussion of the practical implications of the reverse false claims provision of the False Claims Act for members of the healthcare industry and legal practitioners that represent them. Read More

Pietragallo Expands Litigation Practice with Another Round of New Hires

2022/01/24

In another significant expansion of the firm’s litigation practice, Pietragallo Gordon Alfano Bosick & Raspanti, LLP is pleased to announce the addition of new associates to the firm’s Pittsburgh and Philadelphia Offices. “Despite these challenging times, we remain fully committed to providing our clients with top flight service. We are thrilled to welcome this talented and diverse group of litigators to our team,” said Pietragallo Chairman William Pietragallo, II. The group of four new associates includes:   Quintin DiLucente joins our Commercial Litigation team in our Pittsburgh office. While attending law school at Duquesne University School of Law, Quintin worked for the Court of Common Pleas in the Criminal and Family Divisions.   About Pietragallo Pietragallo Gordon Alfano Bosick & Raspanti, LLP is a multi-disciplined business and commercial litigation firm headquartered in Pittsburgh with five offices throughout Pennsylvania, Ohio, and West Virginia from which we serve our clients in all 50 states and the District of Columbia. Read More

20 Pietragallo Lawyers Named in 2022 The Best Lawyers in America and Ones to Watch

2021/08/19

Pietragallo Gordon Alfano Bosick & Raspanti, LLP is pleased to announce that 20 lawyers have been named as 2022 The Best Lawyers in America and 2022 Ones to Watch, including two lawyers who were recognized for Bet-the-Company Litigation. 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 (Bet-the-Company Litigation) Pamela Coyle Brecht Phillip R. Earnest Mark Gordon James W. Kraus James F. Marrion Richard J. Parks William Pietragallo, II (Bet-the-Company Litigation) 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: John Kettering Leslie A. Mariotti Peter W. Nigra Frank H. Stoy   About Pietragallo Pietragallo Gordon Alfano Bosick & Raspanti, LLP is a multi-disciplined business and commercial litigation firm headquartered in Pittsburgh with five offices throughout Pennsylvania, Ohio, and West Virginia from which we serve our clients in all 50 states and the District of Columbia. Read More

24 Pietragallo Lawyers Named in 2021 Pennsylvania Super Lawyers and Rising Stars

2021/06/08

Including Recognition in Top 100 in Pennsylvania and Top 100 In Philadelphia Pietragallo Gordon Alfano Bosick & Raspanti, LLP is pleased to announce that 24 attorneys have been named as 2021 Super Lawyers and 2021 Rising Stars, including two attorneys who were also recognized in the Top 100 in Pennsylvania and Top 100 in Philadelphia. Super Lawyers is a service of Thomson Reuters legal division which compiles a list of outstanding lawyers from more than 70 practice areas. Each year, a research team at Super Lawyers conducts a multi-phase selection process reviewing independent research, peer nominations, and peer evaluations. The following were chosen as Pennsylvania Super Lawyers: Gaetan J. Alfano (Top 100 in Philadelphia) Joseph J. Bosick Mark Gordon Christopher A. Iacono P. Brennan Hart James W. Kraus Michael A. Morse William Pietragallo, II Francis E. Pipak, Jr. Kevin E. Raphael Marc S. Raspanti (Top 100 in Pennsylvania and Top 100 in Philadelphia) Douglas K. Rosenblum John A. Schwab Clem C. Trischler Paul K. Vey The following were chosen as Pennsylvania Rising Stars: Jeremy E. Abay John R. Brumberg Sarah R. Goodman Joseph L. Gordon John W. Kettering Peter W. Nigra Peter St. Tienne Wolff About Pietragallo Pietragallo Gordon Alfano Bosick & Raspanti, LLP is a multi-disciplined business and commercial litigation firm headquartered in Pittsburgh with five offices throughout Pennsylvania, Ohio, and West Virginia from which we serve our clients in all 50 states and the District of Columbia. Read More

Chambers USA Recognizes Pietragallo as a Leading Law Firm in Pennsylvania

2021/05/20

Pietragallo Gordon Alfano Bosick & Raspanti, LLP is pleased to be recognized by Chambers USA in its 2021 guide in the area of Litigation: White-Collar Crime & Government Investigations in Pennsylvania.  Chambers ranks leading law firms and attorneys across the U.S. based on the opinion of their clients and peers, and by the quality of their work. Chambers USA acknowledges that the team has experience “handling actions brought under the False Claims Act and tackling significant cross-border mandates.”  Clients and peers are quoted as saying, “Pietragallo Gordon has an excellent securities and white-collar practice” and as having “a good statewide footprint.” Additionally, the following partners are ranked: William Pietragallo— Litigation: General Commercial— Pennsylvania: Pittsburgh & Surrounds Marc S. Raspanti— Litigation: White Collar Crime & Government Investigations— Pennsylvania Read More

Michael A. Morse is Contributing Author to HCCA’s Complete Healthcare Compliance Manual

2021/04/27

Michael A. Morse, partner and member of the firm’s Government Enforcement, Compliance, and White Collar Litigation team, recently contributed to Health Care Compliance Association (HCCA’s) Complete Healthcare Compliance Manual. The manual overall provides new and experienced practitioners with guidance and insights on the fundamentals of program management, risk assessment, compliance training, auditing and monitoring, and much more. Michael is a contributing author to Chapter 3: Running an Effective Compliance Program, wherein he discusses that the hallmark of an effective compliance program is having robust internal reporting system. Read More