Marc Raspanti and Pamela Coyle Brecht to speak at Italian Seminar held by Gitti and Partners

2023/02/08

Pietragallo partners Marc Raspanti and Pamela Coyle Brecht are presenting with Italian law firm Gitti and Partners for a seminar entitled “Guida pratica alla normativa sul whistleblowing” or “The New Italian Whistleblowing Legislation: A Practical Guide”.  This webinar will take place on Wednesday, February 8, 2023 at 12:00pm EST and 6:00pm in Italy. Marc and Pam will present on American whistleblowing laws and how they compare to the new proposed Italian laws. Marc is a published author on the differences and similarities of the Italian and U.S. whistleblowing legislation. While the rest of the seminar will be held in Italian, Marc and Pam will share their expertise in English. Further information and registration can be found here: https://www.grplex.com/it/convegni/download/1105/guida-pratica-alla-normativa-sul-whistleblowing Read More

Marc Raspanti and Mary Kate McDevitt to speak at Health Care Compliance Association’s Webinar

2022/11/15

On November 15th, Marc Raspanti and Mary Kate McDevitt will present “The Physician Payment Sunshine Act and the Future of Healthcare Transparency”, a webinar through the Health Care Compliance Association (HCCA). Drawing upon their combined expertise, Marc and Mary Kate will provide a thorough review of the Physician Payment Sunshine Act, as well as other major healthcare regulatory enforcement statutes and their continuingly expansive use. They will specifically be discussing: The issues in the healthcare industry that led to the enactment of the Physician Payments Sunshine Act (PPSA) that are relevant to an understanding of the current law and its growing enforcement The impact from a fraud and abuse standpoint including the significance of the first examples of Department of Justice enforcement of the Act Other state and international sunshine acts and compare them to the PPSA The future of transparency statutes, including the Hospital Price Transparency Regulation For more information, or if you’d like to attend, please visit:  https://www.hcca-info.org/conferences/webinars/physician-payment-sunshine-act-and-future-healthcare-transparency-overview 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

Are Courts Still the Best Place to Litigate a Qui Tam Action?

2022/08/12

The Typical Qui Tam Case Life Cycle In a typical qui tam case, the sequence and life cycle follow a similar trajectory. The relator files a sealed qui tam complaint in a federal courthouse in the United States. While COVID has disrupted litigation, particularly complex False Claims Act (FCA) litigation, the basic case path still remains. Although the statute provides for a 60-day investigation period, cases may—and very often do—remain under seal for years. The defendant may or may not know about the sealed case. A Civil Investigative Demand (CID), or Health Insurance Portability and Accountability Act (HIPAA) subpoena, search warrant, or grand jury subpoena may place the defendant on constructive notice of an active civil and/or criminal investigation. The government often requests partial unsealing orders to engage the defendant in resolution discussions. Early resolution is not always successful. Fewer than 25% of the time, the government intervenes in some or all of the relator’s allegations.[1] Qui Tam complaints often contain both federal and state allegations that typically involve federal and state prosecutors along with myriad investigative agencies. These complaints often contain a 31 U.S.C. § 3730(h) retaliation claim, as well as other private causes of action. Sometimes the government takes no position. Other times the government declines to intervene in some or all of the allegations. Of significance to this article, the number of cases moving forward on a non-intervened basis has increased considerably over the last decade.[2] The Unsealing of a Qui Tam Complaint Once the government makes its intervention decision in the qui tam case, the case is unsealed by a court. The usual procedural banter between the government, defense counsel, and the relator and their counsel depending on the specific posture of the case then occurs. At times, media coverage follows the unsealing, which can complicate matters for certain types of defendants. Read More

Marc Raspanti to speak at World Online Lawyers with Excellent Practice’s Webinar

2022/07/13

Pietragallo partner Marc Raspanti will be joined by speakers Jon May and Gabriel Albu (Europe) to speak at the World Online Lawyers with Excellent Practice’s (WOLEP) webinar on Wednesday, July 13th at 10:30am EST. They will be taking on the topic of “Whistleblower statutes in the United States and the European Union – regulations, commonalities and differences, perspectives”. Some of the issues addressed during this WOLEP webinar will be: The difference between how whistleblowers are viewed in the US and the EU The origin of whistleblower statutes in the US The movement toward greater whistleblower protections in the EU The various programs in the US that reward whistleblowers Case studies, including the representation of a European whistleblower making a disclosure to US authorities Please note that, at the end of the event there will be a Q&A session, so we urge you to tune in and join the debate!   Join the webinar here: https://us02web.zoom.us/j/3019722258?pwd=WHVFdEYwTWtLT2orTVkwYm8wZUZIUT09 Meeting ID: 301 972 2258 Passcode: wolep 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

Pamela Coyle Brecht to present at Federal Bar Association’s Qui Tam Section Roundtable

2022/06/08

Pietragallo partner Pamela Coyle Brecht will be presenting virtually on “She Persisted: How Women Have Shaped False Claims Act Law” at the Federal Bar Association’s (FBA) 2022 Qui Tam Section Roundtable Discussion. This webinar will take place at 12:00pm EST on Wednesday, June 8, 2022. Pam and her fellow panelists will focus on the innovative and critical contributions women attorneys continue to make in the area of False Claims Act Law. This roundtable will highlight the various means through which women trailblazers, including the panelists, led the way for others to apply courageous and creative interpretations of the False Claims Act in complex litigation matters. To register, visit: https://employmentlawgroup.zoom.us/webinar/register/WN_cZHBFDXETLq9H3lfEhrCow Read More