As COVID-19 continues to spread globally and throughout Pennsylvania, most employers will be faced with the question of how to respond when an employee tests positive, or has exposure to the coronavirus, and will need to determine when those employees can safely return to work. In part, it depends on whether the employee has simply tested positive, or if the employee tests positive and has symptoms.
Where an employee has tested positive for COVID-19, but has no symptoms, the employee can return to work 10 days after the first positive test.
Where an employee has tested positive for COVID-19 and has symptoms, the employee may safely return to work at least 10 days after the onset of symptoms, at least 24 hours have passed since resolution of fever without the use of fever-reducing medications, and all other symptoms have improved. All three criteria must be met before the employee can safely return to work.
For employees with severe illness, 20 days of isolation after symptom onset may be warranted.
Once a company has ensured that an employee with a confirmed or suspected COVID-19 case will not be reporting to the business’ physical worksite, Pennsylvania employers must take the following steps:
I. Secure and Decontaminate Affected Areas
Close off areas visited by the person who is a probable or confirmed case of COVID-19.
Wait at least 24 hours, or as long as practical, before cleaning and disinfecting the affected area. If more than seven days have passed since affected person visited the business or facility, enhanced cleaning and disinfection is not necessary.
Open outside doors and windows and use ventilation fans to increase air circulation.
Clean and disinfect all shared areas such as offices, bathrooms, break rooms, shared electronic equipment (printers, touch screens, keyboards, remote controls) used by the affected person.
For more information, see https://www.governor.pa.gov/covid-19/business-faq/ Read More
Pietragallo partner Marc S. Raspanti will be speaking at the Health Care Compliance Association’s virtual 2020 Healthcare Enforcement Compliance Conference on Wednesday, November 18.
During the three-day conference, attendees will hear first‑hand from government officials about regulatory changes, expectations, and key priorities in the Healthcare Enforcement sector. Attendees can further gain the knowledge and skills needed to properly address potential violations and improve their organization’s compliance program. During the program, Mr. Raspanti’s segment is titled, “Negotiating and Mediating False Claims Act Cases.”
For more information about the program, including to register, please visit the HCCA program website.
For more information about Marc S. Raspanti or the firm’s nationally-recognized False Claims Act practice, we invite you to visit our False Claims Act Resource Center. Read More
Pietragallo Gordon Alfano Bosick & Raspanti LLP, a business and litigation law firm with five offices across Pennsylvania, Ohio, and West Virginia, is proud to announce that nineteen of our distinguished attorneys have been recognized in The Best Lawyers in America® 2021 edition.
“The legacy of our law firm is the depth of our courtroom talent,” noted Managing Partner, William Pietragallo, II. He continued, “I could not be more proud.”
Recognition by Best Lawyers® is based entirely on peer review within the legal industry. The Best Lawyers® methodology is designed to capture the consensus opinion of industry-leading lawyers regarding the professional capabilities of their colleagues. Best Lawyers® distinction is demonstrative of the respect that recognized lawyers have earned amongst their peers.
The following individuals of The Pietragallo Law Firm have been recognized for their work in the following industries:
Gaetan J. Alfano (2012)
Commercial Litigation
Employment Law – Individuals
Employment Law – Management
Litigation – Labor and Employment
Pamela Coyle Brecht (2021)
Qui Tam Law
Marc S. Raspanti (2006)
Health Care Law
Doug Rosenblum (2021)
Criminal Defense: White-Collar
Phillip R. Earnest (2021)
Construction Law
Insurance Law
Mark Gordon (2011)
Litigation – Insurance
Workers’ Compensation Law – Employers
James W. Kraus (2021)
Criminal Defense: White-Collar
Litigation – Health Care
Medical Malpractice Law – Defendants
James F. Marrion (2021)
Product Liability Litigation – Defendants
William Pietragallo II (2005)
Bet-the-Company Litigation
Commercial Litigation
Mass Tort Litigation / Class Actions
Personal Injury Litigation – Defendants
Francis E. Pipak, Jr. (2011)
Workers’ Compensation Law – Employers
Peter St. Tienne Wolff (2021)
Litigation – Trusts and Estates
Clem C. Trischler, Jr. (2011)
Commercial Litigation
Product Liability Litigation – Defendants
Paul Kenneth Vey (2011)
Medical Malpractice Law – Defendants
Sharon, PA
Richard Parks (2021)
Bankruptcy and Creditor Debtor Rights / Insolvency and Reorganization Law
“Ones to Watch”
Leslie A. Read More
Pietragallo partner Michael A. Morse will be speaking at the Health Care Compliance Association‘s 6th Annual Healthcare Enforcement Compliance Conference in November.
During the four day conference, attendees will hear first‑hand from government officials about regulatory changes, expectations, and key priorities in the Healthcare Enforcement sector. Attendees can further gain the knowledge and skills needed to properly address potential violations and improve their organization’s compliance program. During the program, Mr. Morse will speak on a panel, “Anatomy of a False Claims Act Case.”
For more information about the program, including to register, please visit the HCCA program website.
For more information about Michael A. Morse or the firm’s nationally-recognized False Claims Act practice, we invite you to visit our False Claims Act Resource Center. Read More
Partner Pamela Coyle Brecht of Pietragallo Gordon Alfano Bosick & Raspanti, LLP has been appointed as a Hearing Committee Member serving the Disciplinary Board of the Supreme Court of Pennsylvania effective July 1, 2020. This appointment is a three-year term.
Ms. Brecht also serves as Chair of the firm’s national Qui Tam/False Claims Act (FCA) Practice Group. She is experienced in white-collar criminal litigation, internal investigations, and complex health care litigation. Some of Ms. Brecht’s largest FCA cases have included alleged fraud by a large multi-state Medicaid managed care contractor and FCA violations by three of the largest hospital corporations in the country.
The Disciplinary Board of the Supreme Court of Pennsylvania is dedicated to protecting the public, maintaining the integrity of the legal profession, and safeguarding the reputation of the courts. The Supreme Court of Pennsylvania established the Disciplinary Board in 1972. In regard to the appointment, Ms. Brecht commented, “I’m honored and proud to accept this appointment. I will do my very best to assist our system of discipline.” Read More
The practice group leader of the firm’s False Claims Act practice group, Pamela Coyle Brecht, will be presenting at the Health Care Compliance Association‘s 6th Annual Healthcare Enforcement Compliance Conference on Monday, November 16.
During the three-day conference, attendees will hear first‑hand from government officials about regulatory changes, expectations, and key priorities in the Healthcare Enforcement sector. Attendees can further gain the knowledge and skills needed to properly address potential violations and improve their organization’s compliance program. During the program, Ms. Brecht will be discussing, “Managed Care Enforcement and Compliance.”
For more information about the program, including to register, please visit the HCCA program website.
For more information about Pamela Coyle Brecht or the firm’s nationally-recognized False Claims Act practice, we invite you to visit our False Claims Act Resource Center. Read More
In today’s international marketplace, it is critical to keep in mind the reach of American federal statutes which have significant impact on foreign jurisdictions. The Foreign Corrupt Practices Act (“FCPA”), enacted in 1977, contains two key provisions: (1) a prohibition on bribery of foreign officials, and (2) accounting and reporting provisions for companies registered with the Securities and Exchange Commission (“SEC”). 15 U.S.C. §§ 78dd-1-3. The Department of Justice has increasingly made headlines using this powerful law. In 2014 alone, the United States prosecuted seven corporate FCPA enforcement actions. In just those seven cases, the Department of Justice collected $1.25 billion in criminal fines – an all-time record.
The anti-bribery provision of the FCPA criminalizes the “offer, payment, promise to pay, or authorization of the payment of any money, or offer, gift, promise to give, or authorization of the giving of anything of value” to foreign officials for the purpose of obtaining or retaining business. Id. at § 78dd-1(a). There is an exception for payments or gifts made “to expedite or secure the performance of a routine governmental action.” Id. at §78dd-1(b). The statute also provides two interesting affirmative defenses. Defendants may be excused from liability if (1) the payment was legal under the written laws of the recipient’s country; or (2) the payment was a “reasonable and bona fide expenditure” toward specific, enumerated ends. Id. at § 78dd-1(c).
A Helpful Checklist
If your company operates overseas, it is time and money well spent to review the following aspects of your business:
(1) Identify the nature of your business and all sectors in which you operate;
(2) Identify all nations in which you operate and/or engage in commerce;
(3) Research the Corruptions Perception Index published by Transparency International (a global coalition with the mission to stop corruption and promote transparency, accountability and integrity at all levels and across all sectors of society) for each nation in which you operate and/or engage in commerce (available at www.transparency.org); Read More
The Supreme Court said yes but with limits. Disgorgement is permissible but only if it complies with the traditional definition of equitable relief and not penalty. In an 8-1 vote, the United States Supreme Court held that disgorgement is permitted under 15 U.S.C. §78u(d)(5) if the amount awarded does not exceed an individual wrongdoer’s net profits; is awarded to the victims; and is imposed on an individual and not based on joint and several liability, unless it falls under the exception.
The Lius, a husband and wife team, solicited $27 million of investments from foreign nationals to build a cancer treatment center. Under the U.S. immigration laws, foreigners who invest over $1 million (in 2019 it was increased to $1.8 million) in an approved commercial enterprise are eligible to receive permanent residency in the United States. The SEC alleged that the Lius, in their solicitations, misrepresented that the bulk of the investment would be applied towards the construction of the center. Instead, the majority of the funds were used for salaries, marketing materials and were diverted to personal accounts. Only a fraction of the amount collected was used towards construction. The SEC brought a civil action for injunctive relief in federal court. The trial court granted the injunction barring the Lius from participating in the immigration investor’s program and ordering them to pay disgorgement for the full amount collected and held them jointly-and severally liable.
The Lius claimed that the “disgorgement”, as awarded by the District Court, was effectively a penalty not permissible under the statute in a federal court action. The Lius argued that only equitable relief is authorized by Congress under the statute. The Court analyzed whether the order of disgorgement can be viewed as a traditional relief under equity. The Lius argued that their disgorgement order was unlawful because it contradicted the traditional practice in equity in three ways: by ordering disgorgement of the total profits and not deducting legitimate expenses, imposing joint-and-several disgorgement liability, and ordering the profits be deposited in Treasury funds instead of disbursing the entire amount to victims. Read More
On Tuesday, July 14th, Pietragallo partner Pamela Coyle Brecht will host a panel presentation to all members of the Qui Tam section of the Federal Bar Association (FBA). The panel will include compliance counsel, defense counsel, and relator’s counsel who will discuss several areas related to the False Claims Act under the program title, “How Not to Transform Your Employees into Whistleblowers – Even the Thinnest of Pancakes Has Two Sides.”
Topics of discussion include how to collect and respond to compliance concerns within your organization and how the pandemic, including the new remote work force, affect the potential for an increase in compliance concerns.
This virtual event is open to all members of the FBA who are also Qui Tam section members and clients of The Pietragallo Law Firm.
For more information about joining the FBA, please visit their website.
For more more information about our Firm’s global Qui Tam practice, please visit our False Claims Act Resource Center.
If you are not yet a client of our Firm but would like to attend this program, please contact a member of our Marketing Department. Read More
Pietragallo partner Douglas K. Rosenblum will be speaking at PBI’s upcoming program, “Intellectual Property Law Institute 2020” on Tuesday, July 28th, 2020. Mr. Rosenblum’s panel segment is titled, “Trials and Tribulations of Virtual Hearings, Depositions, etc. in the Age of Covid-19.” This year marks the 14th anniversary of the ‘IP Institute’ and the program will be held virtually.
Intellectual property is a burgeoning practice area with nuances and ever-changing innovations and issues that can try the patience of even the most seasoned practitioners. No one can afford to remain unacquainted with the rights and potential liabilities that may arise. That’s why those in the know attend PBI’s Intellectual Property Law Institute year after year. Their 14th Institute has something for everyone from the novice to the expert.
For more information about the PBI program, including to register, please click here.
For more information about Douglas K. Rosenblum, please visit his contact page. Read More
August 15, 2024
Pietragallo Gordon Alfano Bosick & Raspanti, LLP is pleased to announce that 27 lawyers have been named as 2025 The Best Lawyers in America® and Ones to Watch.Read More
July 1, 2024
Partner Douglas K. Rosenblum of Pietragallo Gordon Alfano Bosick & Raspanti, LLP has been appointed as a Hearing Committee Member serving the Disciplinary Board of the Supreme Court of Pennsylvania effective July 1, 2024. Read More
