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Author: Kandis L. Kovalsky | Law.com

Author: Kandis L. Kovalsky | Law.com

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SmallMediumLarge PrintTaking a Plaintiff’s Case to the Next Level: Holding Individuals Liable Under Pennsylvania Law

Strategic practitioners do not need to treat entity liability as the finish line; they may treat it as a starting point. Holding individual owners or officers personally liable—whether as partners, corporate actors, alter egos, or signatories—fundamentally alters the litigation landscape.

February 19, 2026Expert OpinionLincoln’s Law, One of the Most Powerful Tools to Combat Fraud on the Government, Is Under Attack

The False Claims Act (FCA) can be a powerful tool to protect veteran health care in the wake of an uptick in private equity’s participation in the sector, in that it is now well-established that private equity companies and their principals can be held liable under the FCA.

October 23, 2025Expert OpinionEmerging 'Securities' Litigation in Cryptocurrency

Courts will likely be grappling with questions regarding cryptocurrency for years to come—with the results from the suits against Binance and Coinbase potentially serving as guiding precedent in answering those questions.

July 06, 2023CommentaryFighting Fraud in Health Care Through the False Claims Act in the Third Circuit, Part 2

The statute does not define the term "resulting from," which has led to differing interpretations of the causation standard required for an AKS violation to be considered a false claim under the FCA. The divergence of views among the circuit courts has created challenges for relators in proving causation. This column is part two of our earlier column relating to AKS and the causation standard.

June 15, 2023CommentaryWhen Is Knowing 'Knowing' in FCA Cases? High Court Examines Two Cases

The Supreme Court is taking up two U.S. Court of Appeals for the Seventh Circuit cases where rulings shielded both food-and-pharmacy chains from FCA liability for alleged improper billing involving prescription drugs. If the high court sides with the Seventh Circuit, the impending result could mean an exponential loss of taxpayer money.

April 13, 2023CommentaryThe Noncompete Agreement: Is It a Thing of the Past?

Recently, the Federal Trade Commission (FTC) has proposed a rule, which would ban the use of noncompetes almost completely and require existing noncompete agreements to be rescinded. This comes with inherent legal challenges and has a broad implication for employers in the business community and their litigators.

January 19, 2023CommentaryFighting Fraud in Health Care Through the False Claims Act in the Third Circuit

The Third Circuit has adopted a more plaintiff/relator friendly interpretation while the Eighth Circuit has reached the opposite conclusion. Until the U.S. Supreme Court settles the circuit split, choice of venue is key for those bringing claims under the Anti-Kickback statute.

December 01, 2022CommentaryFive Years After 'Daimler': It's All in the Specifics

Major cases such as 2014's Daimler AG v. Bauman have refined the requirements for, and in many senses restricted, the establishment of personal jurisdiction over parties. This goes for both the exercise of general and specific jurisdiction.

January 02, 2020CommentaryHave the Courts Made Room for Inevitability Under the Defend Trade Secrets Act?

The Defend Trade Secrets Act (DTSA), 18 U.S.C. Section 1836, et seq., which was enacted on May 11, 2016, after a Senate vote of 87-0, is the first federal law to protect trade secrets.

November 29, 2018CommentaryWhen Noncompete Agreements Involve Competing Laws

These days, it is common for companies headquartered or principally located in one city and state to have multiple offices and employees throughout many cities and states in the country, and even the world.

November 08, 2018CommentaryPrevious12NextFor YouLoading For You...

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