Litigating Federal and State False Claims Acts

Q&A for lawyers


Q&A for Lawyers

Can a corporation be a whistleblower?  Corporations and LLCs can be whistleblowers, and are sometimes used to protect anonymity. But when a public disclosure challenge is raised, a corporation might face an original source challenge. However, keep in mind this is an evolving area of the law, and there’s little reported caselaw, so it’s helpful to work with someone who has considered these issues or who has a network with lawyers who know of unreported decisions, DOJ statements of interest, and USAO’s, district Clerks’ and district courts’ practices.

Why hire Jonathan Kroner as co-counsel or local counsel in Florida?  Experienced FCA lawyers hire me for Florida local counsel and as co-counsel because I do the work, and I’m easy to work with.  Also, even experienced FCA counsel hire me because I’ve litigated Stark and Anti-kickback cases, and data-intensive cases, and because I’ve successfully drafted 9(b)-fortified complaints, and opposed 9(b) and other motions to dismiss. For example:
    Complaint -Unnecessary procedures
    Opposition to MTD kickback and stark stat
    Because some judges limit pro hac appearances, you might defer your formal appearance until the case has traction.

Why hire Jonathan Kroner to co-counsel outside of Florida?  If I agree to co-counsel I will do the work. I’m experienced, I’m good with documents, data, financials, and I work well with AUSAs, AAGs, and their investigators and “clients.” Lots of firms will step in for your $400 million pharma case, but for more routine matters, such as part B defendants, you might not enjoy persistent partner-level attention. Although I have appeared PHV in many districts, for your non-Florida case, I can formally appear, or not, as you deem most suitable.

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