David Pivnick
👤 PersonAppearances Over Time
Podcast Appearances
Great keeping up. Thanks for having me, Scott.
Great keeping up. Thanks for having me, Scott.
Sure, absolutely, Scott. Appreciate you having me on. You know, Business-wise, day-to-day, as you alluded to, I spend a lot of my time and energy defending False Claims Act cases, representing a wide range of providers, health systems, managed care insurers, as well as private equity funds. I often am focused on issues in that space.
Sure, absolutely, Scott. Appreciate you having me on. You know, Business-wise, day-to-day, as you alluded to, I spend a lot of my time and energy defending False Claims Act cases, representing a wide range of providers, health systems, managed care insurers, as well as private equity funds. I often am focused on issues in that space.
Sure, absolutely, Scott. Appreciate you having me on. You know, Business-wise, day-to-day, as you alluded to, I spend a lot of my time and energy defending False Claims Act cases, representing a wide range of providers, health systems, managed care insurers, as well as private equity funds. I often am focused on issues in that space.
One of them that is particularly notable to me right now is an 11th Circuit appeal in what's known as the Zafirop case. That is focusing on whether or not the False Claims Act and specifically its key TAM provisions allowing whistleblowers to bring lawsuits on behalf of the government is constitutional.
One of them that is particularly notable to me right now is an 11th Circuit appeal in what's known as the Zafirop case. That is focusing on whether or not the False Claims Act and specifically its key TAM provisions allowing whistleblowers to bring lawsuits on behalf of the government is constitutional.
One of them that is particularly notable to me right now is an 11th Circuit appeal in what's known as the Zafirop case. That is focusing on whether or not the False Claims Act and specifically its key TAM provisions allowing whistleblowers to bring lawsuits on behalf of the government is constitutional.
There's been many challenges to the constitutionality of the statute, but it hasn't been determined by the Supreme Court or really resolved with any finality. A couple of years ago in 2023, Justice Thomas issued a dissenting opinion
There's been many challenges to the constitutionality of the statute, but it hasn't been determined by the Supreme Court or really resolved with any finality. A couple of years ago in 2023, Justice Thomas issued a dissenting opinion
There's been many challenges to the constitutionality of the statute, but it hasn't been determined by the Supreme Court or really resolved with any finality. A couple of years ago in 2023, Justice Thomas issued a dissenting opinion
in a Supreme Court case where he noted that he thought it would be interesting, that there might be a challenge to the constitutionality and whether whistleblowers could proceed with claims. And I think that invited a lot of litigation.
in a Supreme Court case where he noted that he thought it would be interesting, that there might be a challenge to the constitutionality and whether whistleblowers could proceed with claims. And I think that invited a lot of litigation.
in a Supreme Court case where he noted that he thought it would be interesting, that there might be a challenge to the constitutionality and whether whistleblowers could proceed with claims. And I think that invited a lot of litigation.
And Zafirov is a Middle District of Florida case where the judge, who's a President Trump appointee from his first term, granted judgment for the defendant and found that the Ketan provisions were not constitutional. And that case has since been appealed. And the briefing is now completed, as of about a month ago, before the 11th Circuit.
And Zafirov is a Middle District of Florida case where the judge, who's a President Trump appointee from his first term, granted judgment for the defendant and found that the Ketan provisions were not constitutional. And that case has since been appealed. And the briefing is now completed, as of about a month ago, before the 11th Circuit.
And Zafirov is a Middle District of Florida case where the judge, who's a President Trump appointee from his first term, granted judgment for the defendant and found that the Ketan provisions were not constitutional. And that case has since been appealed. And the briefing is now completed, as of about a month ago, before the 11th Circuit.
There's been amicus briefs that were filed from a variety of constituents, including the Department of Justice and other government officials, as well as amicus briefs on the other side. So both sides have briefed this very extensively. And it'll be interesting, with the 11th Circuit weighing in on constitutionality.
There's been amicus briefs that were filed from a variety of constituents, including the Department of Justice and other government officials, as well as amicus briefs on the other side. So both sides have briefed this very extensively. And it'll be interesting, with the 11th Circuit weighing in on constitutionality.
There's been amicus briefs that were filed from a variety of constituents, including the Department of Justice and other government officials, as well as amicus briefs on the other side. So both sides have briefed this very extensively. And it'll be interesting, with the 11th Circuit weighing in on constitutionality.