WB Group News

March 31, 2016

Partner Mary Inman and Associate Ari Yampolsky were quoted in Modern Healthcare article, Hospice Provider AseraCare scores a win in unusual False Claims case.  Click here to read more.

March 17, 2016

Constantine Cannon whistleblower partner Gordon Schnell named to the International Who's Who of Competition Lawyers listing and specifically recognized as "'always effective and never less than impressive'" in his appearances before federal and state enforcement agencies including the Department of Justice and Federal Trade Commission."  Click here to read the announcement.

March 8, 2016

The Kennebec Journal and Morning Sentinel profile whistleblower Brain Emery, represented by Constantine Cannon attorneys Tim McCormack and Molly Knobler.  Click here to read the article.

March 6, 2016

Whistleblower attorney Ari Yampolsky was quoted in the Pittsburg Post-Gazette article, Hospice fraud becoming a costly problem for Medicare.  Click here to read the article.

March 4, 2016

Constantine Cannon is pleased to announce that its client, whistleblower Brian Emery, helped the U.S. Government recover $439,500 over allegations of faulty workmanship and the use of non-compliant materials in three federal building projects in Maine.  Click here to read more.

Constantine Cannon LLP Announces Beginning of Claims Administration Process in the $1.86 Billion Settlement of In Re: Credit Default Swaps Antitrust Litigation

Constantine Cannon LLP served as one of the counsel for Los Angeles County Employees Retirement Association (“LACERA”) in the In re Credit Default Swaps Antitrust Litigation, 13-MD-2467, pending in the Southern District of New York, Judge Denise Cote presiding.  LACERA was appointed one of two co-lead plaintiffs by Judge Cote and the firm’s co-counsel, Pearson, Simon & Warshaw, LLP, serves as co-lead counsel for the plaintiff class.  On October 29, 2015, Judge Cote granted preliminary approval of a $1.86 billion settlement with twelve of the world’s largest banks.  The defendant banks were alleged to have conspired to restrain competition in the credit default swaps (CDS) trading market resulting in institutional investors such as LACERA paying inflated spreads on all CDS transactions.  On January 11, 2016, notice was sent to the over 14,000 members of the potential settlement class.  The settlement class includes public and private pension funds such as LACERA, insurance companies, fixed income investment funds and other institutional investors who traded CDS with the large defendant banks. Further information about the settlement including the class notice and important court documents can be viewed at www.cdsantitrustsettlement.com.   The website for the settlement has the contact information for the claims administrator to whom any calls should be directed in the first instance.

December 18, 2015

Constantine Cannon partner Tim McCormack was quoted in the Modern Healthcare article, 32 hospitals will pay $28 million to resolve kyphoplasty probe.  Click here to read the article.

December 8, 2015

Constantine Cannon whistleblower lawyers Anne Hartman and Wayne Lamprey were quoted in the Corporate Crime Reporter article, False Claims Act Lawsuit Filed Against Nation’s Largest Wireless Carriers.  Click here to read the article.

Forty-Two California Government Entities Join Whistleblower Suit Against Nation’s Largest Wireless Carriers

San Francisco, CA (December 8, 2015) – More than 40 California government entities have joined a lawsuit filed by a whistleblower against Verizon, AT&T, Sprint, and T-Mobile. The case, brought in Sacramento County Superior Court under the California False Claims Act, alleges that the wireless companies overcharged government customers by more than $100 million. The government intervenors and the whistleblower are represented by Constantine Cannon LLP. The action was unsealed by the Court on December 7, 2015. The wireless companies are alleged to have ignored two cost-saving requirements included in the master contracts under which California state and local government customers purchased wireless services.  Specifically, the master contracts required the carriers to determine and report to the government customers which rate plan selections would result in the lowest cost – referred to as “rate plan optimization” – and to provide wireless services at “the lowest available cost.” Rate plan optimization is a computerized service that analyzes individuals’ usage patterns quarterly and identifies the least expensive service or rate plan for each phone or user. Selecting the rate plan that best matches usage patterns reduces costs by 20-30% over the term of a contract.  Although the master contracts with the government required it, the wireless carriers did not prepare or provide rate plan optimization reports, the lawsuit alleges.  Further, as the carriers did not bill government customers utilizing the most cost effective rate plans, the defendants are also alleged to have failed to provide service at the “lowest available cost.”  The carriers’ failure to live up to their contractual promises, the lawsuit alleges, resulted in overcharges to the government of more than $100 million. “The carriers promised optimization in order to win these government contracts, which are worth billions of dollars,” said Anne Hayes Hartman, a partner at Constantine Cannon with extensive experience representing whistleblowers and government entities in False Claims Act cases. “But while they were happy to take the government’s money, the carriers simply ignored their commitments to bill using the lowest cost rate plans.  The carriers profited and taxpayers paid the price.” “We look forward to recovering the lost savings and securing ongoing contract compliance for the many government entities that were damaged,” said Wayne T. Lamprey, a partner at Constantine Cannon and former Assistant U.S. Attorney. The action was brought by OnTheGo Wireless, which has been one of the leading rate plan analysis firms in the country and a pioneer in the field of rate plan optimization. The case is State of California et al. ex rel. OntheGo Wireless, LLC v. Cellco Partnership et al., Case No. 34-2012-00127517 (Super. Ct. Cal., Sacramento County). Intervening Entities Regents of the University of California Los Angeles County Madera County Marin County Orange County Riverside County Sacramento County San Bernardino County Santa Cruz County Sonoma County Stanislaus County Yuba County City of Capitola City of Chino City of Corona City of Fortuna City of Long Beach City of Oxnard City of Rancho Cucamonga City of Ripon City of Riverside City of Sacramento City of San Bernardino City of San Mateo City of Santa Cruz City of Santa Rosa City of Vernon City of Victorville Grossmont Union High School District Irvine Unified School District Kaweah Delta Health Care District Kings Canyon Unified School District Olivenhain Municipal Water District Sonoma County Water Agency Rosemead School District Saddleback Valley Unified San Diego Unified School District Santa Cruz Public Libraries Torrance Unified School District Victor Valley Transit Authority Whittier Union High School District Woodbridge Fire District   About Constantine Cannon LLP Constantine Cannon, with offices in New York, Washington D.C., San Francisco and London, has deep expertise in practice areas that include antitrust and complex commercial litigation, whistleblower representation, government relations, securities and e-discovery. The firm’s antitrust practice is among the largest and most well recognized in the nation. Constantine Cannon’s experience spans across multiple industries including healthcare, banking, electronic payments, insurance, high tech, telecommunications, the Internet and government contracting. Constantine Cannon’s whistleblower lawyer practice represents whistleblowers under the False Claims Act, the Dodd-Frank Act, and the various federal and state laws that encourage industry insiders to report evidence of fraud or misconduct. The firm was one of the first in the country to bring a claim under the whistleblower provisions of the Dodd-Frank Act.

December 8, 2015

Government interventions in Constantine Cannon led whistleblower cases against the major wireless companies, as reported in: • Suit claims Verizon, other mobile carriers overcharged agencies, San Francisco Chronicle; • Verizon, AT&T Face $100M Overcharge Claims By Calif. Gov’ts, Law360 and; • California Governments Sue Wireless Carriers, Capitol Public Radio.