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False Claims Act: 2013 Year in Review


Speaker(s): Jeremy D. Kernodle, Sean McKenna
Recorded on: Mar. 18, 2014
PLI Program #: 56139

Sean is a Partner in  Spencer Fane, LLP’s Healthcare Group and based in the firm’s Dallas office.  For the last 21 years Sean has investigated, defended, and resolved hundreds of civil FCA, criminal, and administrative healthcare fraud investigations, matters and cases against all manner of companies, executives, clinicians, providers, and manufacturers.  He is a nationally recognized healthcare attorney and offers clients decades of litigation and enforcement experience, most of which was honed during his 10-years as an Assistant United States Attorney and 5-years as attorneys with HHS’s Office of Inspector General and Office of General Counsel.  Sean also has extensive experience assisting clients with internal investigations, compliance reviews, payor audits, as well as advising companies on compliance with state and federal fraud and abuse rules.  He is a frequent invited speaker at national, regional, and local conferences.


Jeremy Kernodle is a litigator who focuses on government litigation and appeals. He has successfully litigated cases against various federal agencies, including bid protests in the U.S. Court of Federal Claims. His experience covers a range of substantive legal areas, including healthcare, False Claims Act claims, constitutional and administrative law, and government contract disputes.

Before joining Haynes and Boone, Jeremy served as an attorney-adviser in the Office of Legal Counsel at the U.S. Department of Justice, where he was among a small number of lawyers advising the White House and other senior Executive Branch officials on constitutional and other significant legal issues. He previously worked at Covington & Burling in Washington, D.C., and served as a law clerk to the Honorable Gerald B. Tjoflat of the U.S. Court of Appeals for the Eleventh Circuit.

A recognized leader, Jeremy is the Immediate Past-President of the Federal Bar Association, Dallas Chapter, and is the President of the local chapter of the Federalist Society. He was named a Rising Star in appellate litigation in Texas in 2010, 2011, 2012 and 2013, and a Leading Appellate Practitioner in the Fifth Circuit by Benchmark Litigation in 2011-2013.

Representative Matters

  • Representing national diagnostics laboratory in False Claims Act litigation (ongoing).
  • Representing defense contractor in claim against the United States (ongoing).
  • Persuaded Fifth Circuit to affirm summary judgment dismissing stock option backdating case brought by the Securities and Exchange Commission (5th Cir. 2012).
  • Persuaded Fifth Circuit to affirm the dismissal of two lawsuits against Central American clients brought by American manufacturer Mars, Inc. (5th Cir. 2012).
  • Won summary dismissal of False Claims Act suit against defense contractor client. (N.D. Tex. 2012).
  • Advised health care provider in dispute against state-owned hospital system regarding multi-million dollar government contract.
Selected Publications / Speaking Engagements
  • Co-author, "Year in Review, False Claims Act, 2013" (January 2014)
  • Speaker, "Recent Developments in False Claims Act Litigation," Dallas Bar Association Health Law Section (January 2014)
  • Co-author with Odean Volker and Nicole Somerville, "Are You Afraid of the False Claims Act? You Should Be," Houston Business Journal (August 2013)
  • Panelist, "Advice & Tips for Practicing in the Northern District of Texas" (January 2012)
  • Panelist, "The Rise in Whistleblower Liability" (June 2011)

Professional Recognition

  • Named a Fifth Circuit Litigation Star in Texas in Benchmark Appellate (2012-2013)
  • Named a Leading Appellate Practitioner in the Fifth Circuit by Benchmark Litigation (2011)
  • Selected for inclusion in Texas Super Lawyers - Rising Stars Edition (2010-2013)
Professional Leadership
  • Federalist Society, Dallas Chapter, President (present)
  • Federal Bar Association, Dallas Chapter, President (2012-2013)
  • Federal Bar Association, Government Contracts Section
  • Dallas Bar Association, Appellate Section
  • State Bar of Texas, Appellate Section
  • Bar Association of the Fifth Circuit
  • Patrick E. Higginbotham Inn of Court, Associate (2008)
Areas of Practice
  • Appellate
  • Litigation/Trial Practice
  • Government Contracts
  • Government Contracts Disputes
  • False Claims Act/Qui Tam
  • Healthcare
  • Fraud, Abuse, and Compliance
Education
  • J.D., Vanderbilt University Law School, 2001, Founder's Medal (for graduating first in class); Order of the Coif; Articles Editor, Vanderbilt Law Review; Morgan Prize for best student Note
  • B.A., Harding University, 1998, summa cum laude
  • B.B.A., Harding University, 1998

Bar Admissions

  • Texas, 2001
  • District of Columbia, 2002

Court Admissions

  • U.S. Supreme Court
  • Texas Supreme Court
  • U.S. Court of Appeals for the Third Circuit
  • U.S. Court of Appeals for the Fourth Circuit
  • U.S. Court of Appeals for the Fifth Circuit
  • U.S. Court of Appeals for the Ninth Circuit
  • U.S. Court of Federal Claims
  • U.S. District Court for the Northern District of Texas
  • U.S. District Court for the Southern District of Texas

Judicial Clerkships

  • The Honorable Gerald B. Tjoflat, U.S. Court of Appeals for the Eleventh Circuit