Whistleblower Claims • Qui Tam • False Claims Act

We represent people in whistleblower actions; often, they are individuals who didn’t originally think of themselves as whistleblowers. These actions are filed under the Federal False Claims Act and various states’ false claim acts, or submitted under agency whistleblower statutes including those of the SEC, CFTC, and IRS.  In addition, we can report bank fraud under the FIRREA (Financial Institutions Reform, Recovery, and Enforcement Act) laws. Each of these statutes is a powerful tool for individuals to report fraud or corruption – and to participate in any financial recovery.

Typically, whistleblowers have been employees at the companies or organizations that have engaged in improper conduct. But more and more, we are hearing from people who have been witnessed fraud or observed corporate misconduct.  They have important insights that form the basis of an investigation and later a lawsuit.

Often, we meet clients who have seen or heard about some type of fraud and aren’t sure what to do.  They know about – or suspect – securities fraud, tax fraud, procurement fraud, pharmaceutical drug fraud, Medicare/Medicaid fraud, and aren’t sure what to make of it.  We do. 

This area of litigation is complex and fraught with procedural minefields that can doom a prospective plaintiff if not handled properly from the outset. If you think you have information of wrong-doing that has defrauded the government, talk to us – sooner rather than later. We have years of successful experience in this very specialized area and can advise you thoughtfully and candidly.

Some representative matters include:

  • Lead investigators and co-counsel with Willens & Scarvalone on a $1 billion qui tam case against two major health insurance companies alleging accounting fraud and failure to deliver required services.

  • Lead counsel on an estate tax qui tam action relating to a doctor who falsely claimed to live in Florida – in order to avoid New York taxes.

  • Sealed Cases: As qui tam cases are filed under seal, we are actively pursuing various clients’ cases which are under investigation by government agencies.

Related news:  

 

Commercial Disputes

Unfortunately, far too many businesses find themselves in difficult situations: from traditional breach of contract issues, to partnership disputes, to simple deals becoming too complex. Our perspective in dealing with business problems is influenced not only by our extensive legal experience, but by our 35 years as a corporate executive and start-up entrepreneur.

We are attorneys who very much like being trial lawyers and find that many commercial disputes can be resolved through litigation. But just as importantly, we find that many commercial disputes can be resolved quietly, through the threat of litigation – either explicitly or implicitly.

Many times, clients present what they think is a legal problem that is primarily a business problem.  We bring our uniquely combined experiences to bear in helping to formulate a real-world, cost effective strategy for addressing these problems.  

Overall, we bring both a legal and business perspective to resolving commercial disputes.  If you have a business problem – or opportunity – that needs a fresh perspective, talk to us.

Some representative matters include:

  • Lead counsel representing a minority development partner in a hotel development transaction where the majority partner is not honoring our clients equity/ownership position. 

  • Quietly advising members of LLCs with respect to their legal options – and business strategies – in disputes with their partners.

 

Crisis Management • Corporate
Strategy • Internal Investigations

Don’t wait.

That is the advice we give to clients – often even before they admit they have a problem. Far too many people (understandably) delay confronting problems or bad news. Our approach is to get out in front of problems whenever possible.

Not surprisingly, problems are multi-dimensional: there are legal aspects, business operational issues, financial considerations, and public relations implications. As a result, we often work with PR firms, reputation-management companies, and strategy consultants – from individual publicists to the largest agencies and consultancies.

If you have a problem – or an issue that may become one – talk to us. Even if you don’t wind up working with us, our perspective may be helpful.

Some representative matters include:

  • Advising a Federal Cabinet Secretary about how to counter a spate of negative agency publicity.

  • Helping a client to optimize internet and media content in order to push down Google search results that reflect outdated, negative references.

  • Advising a client who was sued – and defamed – by an unhappy customer.

Some recent articles – many written on behalf of clients – include:  

 

Public Policy

We are not lobbyists.  But we regularly and effectively influence public policy. Our work crafting strategies, coordinating public relations campaigns, and writing op-ed articles are among the best in New York.

We have worked for a President of the United States, a First Lady, cabinet officers, members of Congress, several governors, top companies and well-known non-profit organizations. Talk to us, and we’ll share some terrific case studies.

Some recent public policy articles – many on behalf of clients – include:

 

Class Action

How often have you heard, or even said, “I can’t be the only one facing this!”  Far too often, people are harmed by unsafe products, unscrupulous business practices, or unfair stock manipulations. Class action – or mass tort –  lawsuits can be the appropriate remedy, but they are very hard and costly to win.

We understand the possibilities and limitations of class action lawsuits well.  Our abilities to investigate and craft winning strategies are among the best in the City. But we also know that the resources necessary to successfully prosecute a class action case are far beyond what a firm of our size can handle. Consequently, we have developed real expertise about which larger firms to partner with.  If you think you have identified the basis of an interesting class action, talk to us.

Some representative matters include:

  • Co-counsel with Susman Godfrey on a $500 million class action against a large insurance company for fraudulent inducement and failure to deliver required services.

  • Class action cases in development with clients and in partnership with other law firms.

 

Product liability • Personal Injury

Accidents happen.

But sometimes, they are accidents that never should have happened in the first place. Too often, accidents are the result of someone else’s carelessness or negligence or failure to ensure safe product design or manufacture. And in those situations, securing compensation on behalf of injured people is the only remedy our legal system has to offer.  We can never undo the mistake or the accident. But we can try to make the victim “whole” – at least financially.

We work with some of the leading product liability, medical malpractice, and personal injury law firms in New York. We know who the best attorneys are; who is great at trial work; and who can negotiate faster settlements.

If you or someone you care about has been injured, talk to us.

Some representative matters include:

  • Securing top medical malpractice representation for a family whose son was injured by an Ob/Gyn during circumcision.

  • Serving as initial counsel – and now principal advisor – to a man who suffered third-degree burns when the improperly designed product he was using fell apart.

  • Helping a young man secure a quick six-figure settlement when he was injured riding his motorcycle and another driver made an illegal u-turn in front of him, causing a crash.

Some recent articles include:

 

Employment Discrimination • Harassment

Sadly, we see far too many examples of discrimination and harassment in the workplace.  The revelations from the #MeToo movement are just the tip of the iceberg.

We represent people who have been unfairly treated and unfairly discharged from their jobs. Some representative matters include:

  • Developing workplace discrimination and False Claims Act retaliation cases on behalf of fired employees and executives.

  • Advising a member of the military who believes he was passed over for promotion because he reported inappropriate training methods.

  • Representing a father who was harassed – and his assets seized – by a state agency after the agency miscalculated his child support payments. We secured a refund for the father.

  • Helping a young Army soldier whose identity was stolen clean up her credit rating.

Some recent articles include: