Our Partners
The choice of a law firm to represent you in a healthcare fraud whistleblower case should be made very carefully. Confidence in the law firm’s abilities, experience and knowledge, as well the individual lawyers’ integrity, judgment and communication skills is of utmost importance. You will be embarking on a very close and important attorney-client relationship which may very well last over 5 years. We hope 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 J. Nolan
Kenneth J. Nolan has served as lead counsel in dozens of healthcare fraud qui tam cases, and has over 25 years of hands-on litigation experience. He is the founder of Nolan & Auerbach, P.A., which has had four cases in the last year (2010), which cumulatively (all related civil and criminal cases combined), resulted in an overall return to the Government of over $1 billion.
He is Chairman of the President’s 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.
Taxpayers Against Fraud has named Ken Nolan and his partner Marcella Auerbach Lawyers of the Year for 2011. Mr. Nolan was also selected for inclusion in the 2012 Top Rated Lawyers Guide to Health Care Law.
Mr. Nolan has taken a leading role not only within the qui tam bar, but also the courts. He has handled qui tam cases involving one of the first successful off-label medical device case in the 90’s, one of the largest cost report recoveries against long-term care facilities in the 90’s, one of the first off-label drug cases in the early 2000’s, and an ongoing industry-wide case exposing thousands of unapproved drugs that had been reimbursed by Medicaid.
Mr. Nolan has been a Trial Practice Adjunct Professor of Law at Nova University Law School; an instructor and faculty member for the National Institute for Trial Advocacy; and past chairman (as well as vice chairman and CLE chairman) of the Florida Bar Consumer Protection Law Committee. He has also served as a board member and hearing officer for the Broward County Consumer Protection Board; and an auxiliary reserve police officer for two law enforcement agencies.
Mr. Nolan was educated at Yale University (B.A.) and the University of Florida (J.D.).
Mr. Nolan has authored numerous articles concerning the False Claims Act and healthcare fraud. His published writings include book chapters, articles in pharmaceutical publications, and articles in legal journals. These include: 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).; “Blowing the Whistle on Healthcare Fraud”, Healthcare Purchasing News, (July, 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).; “6 Ways Whistleblower Cases Self-Destruct”, Report on Medicare Compliance.
He is a recognized authority on healthcare fraud qui tam law, and has been quoted widely for years in national magazines and newspapers throughout the country. Mr. Nolan has been a speaker on healthcare fraud and pharmaceutical fraud qui tam cases before a variety of audiences, including healthcare providers, attorneys, and regulators. He has been a frequent panel member at the Taxpayers Against Fraud National False Claims Act Symposium, held yearly in Washington, D.C. Mr. Nolan has a Martindale-Hubbell attorney rating of “AV,” and is included in the Bar Register of Preeminent Lawyers. In 1997, Mr. Nolan was selected to be in the Guide to Leading American Attorneys in the area of consumer protection.
Marcella Auerbach
Marcella Auerbach is a Managing Partner at Nolan & Auerbach, P.A. 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 has worked on the Florida Bar Hurricane Disaster Project on a pro bono basis.
Ms. Auerbach earned a Bachelor of Arts degree from the University of Miami, a Juris Doctor degree from Samford Law School, and a Master of Laws degree from New York University.
Taxpayers Against Fraud, an organization devoted to combating fraud against the Federal Government, has named Marcella Auerbach and her partner Ken Nolan as Lawyers of the Year for 2011. Ms. Auerbach was also selected for inclusion in the 2012 Top Rated Lawyers Guide to Health Care Law. Ms. Auerbach has a Martindale-Hubbell attorney rating of “AV,” and is included in the Bar Register of Preeminent Lawyers.
Joseph E. B. “Jeb” White
Joseph E. B. “Jeb” White is one of the country’s leading qui tam advocates, having represented whistleblowers before the United States Congress and in qui tam actions across the country, from fraudulent hospital systems to dishonest pharmaceutical companies. As a tireless advocate of whistleblower rights, he has testified in front of the United States Congress and nearly a dozen state legislative bodies. As a trusted authority of the law, Mr. White has penned amicus curiae briefs in five United States Supreme Court cases, examining the federal False Claims Act; and has been a constant source for Department of Justice and other officials in need of qui tam expertise.
In addition to actively litigating health care qui tam actions, Mr. White has presented to a wide variety of audiences, including the American Bar Association, the American Health Lawyers Association, and the American Law Institute, about whistleblower laws and protections. He has lectured over fifty times on the subjects of False Claims Act litigation and health care fraud schemes. Jurists and practitioners frequently cite his numerous articles on whistleblower litigation.
Mr. White is the former President and current Board member of Taxpayers Against Fraud (TAF), a nonprofit public interest organization dedicated to combating fraud against the federal government. At TAF, Mr. White worked directly with qui tam plaintiffs and their attorneys to develop and successfully litigate qui tam cases. In addition, he led the effort to modernize the federal False Claims Act for the first time in nearly a quarter of a century; tirelessly advocated for greater incentives and protections for those blowing the whistle on fraud targeting the Internal Revenue Service, the Securities and Exchange Commission, and state governments; and fought to protect anti-fraud and whistleblower laws in the courts. Additionally, as the editor of the False Claims Act & Qui Tam Quarterly Review, he managed a 150+ page law journal devoted to the False Claims Act.
Mr. White was educated at the University of Pennsylvania (B.A.) and the Georgetown University Law Center (J.D.).
Matthew Pavone
A seasoned trial lawyer, Matthew Pavone is a former federal prosecutor who served for over ten years in the U.S. Attorney’s Office for the Southern as well as Northern Districts of California. A Phi Beta Kappa member, Mr. 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, Northern District of California. He is admitted to practice law in California and maintains an active independent practice.
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If you are interested in filing a Medicare fraud, pharmaceutical fraud or medical device fraud qui tam lawsuit or learning more about how Nolan & Auerbach, P.A. 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. Nolan & Auerbach, P.A. represents clients in qui tam cases in federal courts across the country. Mr. Nolan and Ms. Auerbach are admitted in the State of Florida only. Mr. White is admitted in the States of Pennsylvania, New Jersey and Maryland only. Mr. Pavone is admitted in the State of California only, where he also maintains an active, independent law practice.