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 and is the founder of Nolan Auerbach & White.
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 Conference, 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.
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 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 1990’s, one of the largest cost report recoveries against long-term care facilities in the 1990’s, one of the first off-label drug cases in the early 2000’s, and an 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.