Our Partners

The choice of a law firm to represent you in a Healthcare Fraud whistleblower case should be made very carefully. The information about our partners below, may help you make that decision. You should be confident in their abilities, experience and knowledge. You should also have a high comfort level about their integrity and judgment and communication skills. You will embarking on a very close and important attorney-client relationship which may very well last over 5 years. We hope therefore, that the following information, followed by your direct communication with one of our partners, will help to assist you in making a thoughtful and well informed decision about what may be one of the most important endeavors of your life.

Kenneth Nolan

Kenneth Nolan is the founder of the first focused Healthcare fraud qui tam firm in the nation.  With 23 years of litigation experience, he has served as lead counsel in dozens of Healthcare fraud qui tam cases.  These have included one of the largest recoveries in a cost report fraud case and one of the first off-label medical device cases in history.

He is the author of numerous articles concerning the False Claims Act and Healthcare fraud, and has lectured frequently.  He is the author of  Enforcement of Current Good Manufacturing Practices.  Pharmaceutical Manufacturing Handbook. John Wiley & Sons, Inc., (2008). 45-66.; “cGMP Violations may be the Basis for Qui Tam Lawsuits in the United States”, The Quality Assurance Journal, (September, 2004).; “Off-Label Litigation: The New Reality”, Pharmaceutical Representative, March, (2004); Pharmaceutical Companies Liable for Fraudulent Research by Subcontractors”, Drug Discovery Today, (February, 2004); “Litigation Threatens Off-Label Pharmaceutical Sales,” Health Leaders, (January 21, 2004); “Reality Check for Pharma Companies”, Contract Pharma, (October 2003); “End Game for Pharmaceutical Kickbacks,” Health Leaders, (September 3, 2003); “Rx for Industry Fraud,” Pharmaceutical Executive, (May, 2002); “10 Common Obstacles Facing Whistleblowers Pursuing False Claims Lawsuits Against Health Care Organizations,” Report on Medicare Compliance, (July 12, 2001); “Confidentiality Concerns When Disclosing Medical Records,” TAF False Claims Act and Quarterly Review, (October, 2000); “Standing to Sue Under the Federal False Claims Act: The Supreme Court Declines to Take the Whistle Away from Whistleblowers,” Florida Bar Journal, (July/August 2000); “What Physicians, Hospital Administrators, Billing Personnel Need to Know About the False Claims Act,” Florida Healthcare Report and Hospital News, (September, 1998). He has also been a lecturer, Continuing Legal Education, Qui Tam and the False Claims Act; Speaker, Keys to Preventing Medicare/Medicaid Fraud and Abuse: A Guide for Providers, St. Petersburg College, September, 2002 and a panel member on pharmaceutical fraud at the Taxpayers Against Fraud National False Claims Act Symposium, Washington, D.C., June 2003.

He is President of the Presidents Council of Taxpayers Against Fraud, the False Claims Act Legal Center, a non-profit public interest organization dedicated to combating fraud against the federal government through the promotion and use of the False Claims Act and its qui tam provisions.  TAF serves as the sole bar organization for plaintiff qui tam lawyers.

Mr.  Nolan was educated at Yale University (B.A.)  and the University of Florida (J.D.).  He has been a Trial Practice Adjunct Professor of Law at Nova University Law School, and an instructor and faculty member for the National Institute for Trial Advocacy.  Mr.  Nolan has a Martindale-Hubbell attorney rating of “AV,” and is included in the Bar Register of Pre-eminent Lawyers.

Referred to as “one of Florida’s few specialists” by The Tampa Tribune in an article dating back to 1997, Mr.  Nolan currently serves as qui tam counsel in multiple Healthcare fraud cases across the country.

Marcella Auerbach

Marcella Auerbach is a Managing Partner at Nolan & Auerbach.  She is a former federal prosecutor who spent more than twenty-five years at the United States Department of Justice.  Ms. Auerbach has extensive experience prosecuting corporate providers for Healthcare fraud, anti-kickback and Stark Law violations, FDA violations, and Medicare fraud.  She has won multi-million dollar recoveries under the False Claims Act and has successfully represented employees in whistleblower protection and other whistleblower-related actions against their employers.

Ms. Auerbach is an experienced litigator who served in a wide variety of leadership roles at the United States Department of Justice.  She spent eight years in the Civil Division where she represented the federal government in Healthcare fraud qui tam cases in the Southern District of Florida.  As First Assistant United States Attorney for the Southern District of Florida, Ms. Auerbach managed, directed, and supervised 210 attorneys in the criminal and civil divisions, worked directly with every federal agency, and was involved in all stages of criminal and civil prosecutions and forfeitures.  Ms. Auerbach also supervised and spearheaded a large number of prosecutions as Chief of Narcotics, Special Counsel to the United States Attorney, and a Special Attorney in the Organized Crime and Racketeering Section of the United States Department of Justice.  Ms. Auerbach received numerous awards during her tenure at the United States Department of Justice, including the John Marshall Award for outstanding litigation work, the Law Enforcement Woman of the Year Award and numerous special commendations from Attorney Generals of the United States.

Ms. Auerbach is a sought after speaker who has led numerous panel discussions and training conferences for attorneys, federal and state prosecutors, and federal agents on topics such as Healthcare fraud, investigative techniques, and federal court and trial advocacy.  She was a lecturer at the Department of Justice Advocacy Institute and spoke on panels at the Taxpayers Against Fraud Conference and the Southern Health Care Fraud Institute.

Ms. Auerbach has worked pro bono on many domestic violence and abuse cases, including the “Put Something Back” and “Lawyers Care” programs.  She also recently worked on the Florida Bar Hurricane Disaster Project on a pro bono basis.

Ms. Auerbach earned a Bachelor of Arts from the University of Miami, a Juris Doctor from Samford Law School, and a Master of Laws from New York University.

Matthew Pavone

A skilled and aggressive trial lawyer, Matthew Pavone is a former federal prosecutor who served for over ten years in the US Attorneys Office for the Southern as well as Northern District of California. A Phi Beta Kappa member, Matthew Pavone upon graduation from University of California, Hastings College of the Law (J.D.) served as a law clerk to the Honorable W.T. Swigert, U.S. District Judge, and Northern District of California. He maintains an active individual practice in California.

If you are interested in filing a Medicare fraud or pharmaceutical fraud or medical device fraud qui tam lawsuit and learning more about how Nolan & Auerbach can help you, your first step should be to contact our Law Firm with details of the fraud that you are aware of. Potential cases are reviewed by our expert team of law and investigative professionals prior to filing. This helps ensure responsible advocacy and thorough preparation. After review, Nolan & Auerbach, P.A. will contact you to give you feedback about the facts of your case, and how our qui tam law firm can help you.

All communications are 100% confidential.