THE HIGHER THE STAKES, THE GREATER THE COMPLEXITY,
THE LARGER THE POWER DISPARITY / THE STRONGER WE SHINE.
Firm News
David Heim to Speak on Online Defamation – Register Now!
We are excited to announce that our very own David Heim will be joining an esteemed panel of legal professionals at the Pennsylvania Bar Institute’s upcoming event, The Attorney’s Guide to Online Defamation Law.
David will be sharing his insights and expertise on this evolving area of law, offering valuable perspectives on how to navigate defamation cases in the digital age. This is an excellent opportunity to gain practical knowledge from industry leaders and to understand how the law applies to online content and reputation management.
Event Details:
- Date: October 17th, 2024
- Time: 9:00 AM- 12:15 PM
Bochetto & Lentz, P.C. Opens New Media Office and Welcomes Michael McCarrie as New Of Counsel Attorney Specializing in Healthcare Litigation
Philadelphia, PA – October 9, 2024 – Bochetto & Lentz, P.C., a boutique litigation law firm of 12 trial lawyers, known for taking on high profile and complicated cases, is excited to announce the addition of Michael McCarrie as Of Counsel, who will practice out of the firm’s new Media office at 10 Beatty Road. With a robust background in healthcare-related litigation, McCarrie is set to enhance the firm’s footprint in this growing practice area. McCarrie brings over 30 years of experience in healthcare litigation, representing clients in various matters including healthcare fraud, white collar criminal defense, regulatory compliance, licensing of healthcare professionals, credentialing, and board related investigations and disputes in the medical, nursing, pharmaceutical, and chiropractic fields.
McCarrie’s extensive knowledge of the healthcare industry, coupled with his proven track record in courtroom and board rooms, will provide valuable insights and strategic advantages for the firm’s clients. “We are thrilled to welcome Michael to our team,” said Founding Partner, George Bochetto. “There is a great amount of synergy with our practices. With his expertise in healthcare litigation, we are confident that Michael will play a pivotal role in not only advancing our practice, delivering exceptional service to our clients, but also expanding B&L’s role in healthcare work.”
Prior to joining B&L, McCarrie was a partner at Artz McCarrie Health Law, where he successfully handled a broad range of cases, representing physicians, medical practices, and medical management companies in disputes involving the government, insurers, hospital systems, and employment. He has handled white-collar criminal cases nationwide dealing with healthcare fraud, Medicare and Medicaid Fraud, pharmaceutical and FDA-related matters, and criminal investigations. Prior to practicing at Artz McCarrie, he was Senior Fraud Counsel at Independence Blue Cross and authored IBC’s Fraud Manual. Prior to IBC, McCarrie was a partner at Cozen O’Connor in the Arson and Fraud Unit.
“I am excited to join Bochetto & Lentz and contribute to such a dynamic and respected team,” said McCarrie. “It is a blessing to have the opportunity to work with such great lawyers who share the same passion as me – providing top shelf legal services to our clients with a dedication that is unmatched.”
Bochetto & Lentz was formed 35 years ago by founding partners George Bochetto and Gavin Lentz. The firm is led by three partners, George Bochetto, Gavin Lentz, and David Heim, and is dedicated to diverse litigation matters, involving complicated and often high-profile disputes. With the addition of McCarrie, the firm is poised to further strengthen its position as a leader in healthcare litigation. For more information about Bochetto & Lentz and its services, please visit www.bochettoandlentz.com or contact: George Bochetto, Gavin Lentz, or David Heim, (215) 735-3900, gbochetto@bochettoandlentz.com, glentz@bochettoandlentz.com, dheim@bochettoandlentz.com.
Eckert Seamans’ $45M Settlement in Jeopardy Following Supreme Court Ruling
In a stunning turn of events, the $45 million settlement negotiated by Eckert Seamans Cherin & Mellott to resolve litigation stemming from their former partner’s alleged malpractice involving a Ponzi scheme is now in doubt. The recent U.S. Supreme Court ruling in Harrington v. Purdue Pharmaceuticals has cast significant uncertainty on the proposed settlement, as argued by George Bochetto of Bochetto & Lentz, who represents former Eckert Seamans’ clients victimized by their alleged malpractice.
Background and the Supreme Court Ruling
The case centers around former Eckert Seamans partner John Pauciulo, who represented various investment fund managers that invested funds in the merchant cash advance company Par Funding. Par Funding was accused by the U.S. Securities and Exchange Commission (SEC) in 2020 of defrauding investors out of hundreds of millions of dollars. The firm has since been labeled a Ponzi scheme. The $45 million settlement, funded by Eckert Seamans’ insurer, was intended to resolve claims and prevent further litigation.
However, the Supreme Court’s decision in Harrington v. Purdue Pharmaceuticals, which rejected a bankruptcy deal that included legal protections for Purdue Pharma’s owners, has thrown a wrench into the settlement with Eckert Seamans. The ruling highlighted that federal courts cannot issue broad protections to mass tortfeasors who refuse to make significant financial contributions to settlements.
Impact on the Eckert Seamans Settlement
George Bochetto, representing former clients of Eckert Seamans in malpractice cases, stated, “The Supreme Court in Harrington made it clear that federal courts can no longer ‘look the other way’ and issue such free passes to mass tortfeasors such as Eckert who refuse to place their assets on the settlement negotiation table.” The objection filed on July 12 reflects growing opposition from those seeking justice and compensation from the malpractice and lack of oversight by Eckert Seamans.
At a status conference on July 12, U.S. District Judge Rodolfo Ruiz acknowledged the Supreme Court’s ruling as a factor in evaluating the settlement, indicating a more cautious approach towards barring further litigation without consent from all parties involved.
Legal Perspectives
The recent ruling has raised questions about the validity of third-party releases in settlements, especially in non-bankruptcy contexts such as receiverships. Stephen Sather, leader of the bankruptcy practice group at Barron & Newburger, noted that while the Purdue case specifically addresses bankruptcy law, its implications could influence receivership proceedings due to their intertwined nature. Columbia Law School professor Edward Morrison echoed this sentiment, highlighting the complexities and potential overlaps between bankruptcy and receivership laws.
Future Considerations
As it stands, the future of Eckert Seamans’ settlement remains uncertain. Judge Ruiz is awaiting further objections and the receiver’s assessment of the Supreme Court decision’s impact. An evidentiary hearing may be held before any final decision is made.
The fallout from the Harrington ruling extends beyond this case, potentially affecting numerous settlements involving similar legal protections. It underscores the necessity for robust financial contributions from parties seeking to avoid litigation through settlements, thereby ensuring fair compensation for affected investors.
Conclusion
The ongoing legal saga of Eckert Seamans and Par Funding highlights the evolving landscape of mass tort settlements and the increasing scrutiny they face in the wake of landmark judicial rulings. As the legal community grapples with these changes, one thing remains clear: accountability and equitable compensation for defrauded investors are paramount.
Bochetto & Lentz proudly supported the Justinian Society & Foundation’s Annual Meeting
Bochetto & Lentz proudly supported the Justinian Society & Foundation’s Annual Meeting, Election & Scholarship Reception and Luncheon as a Corporate Level Sponsor on June 13, 2024, where our associate Kiersty DeGroote was appointed to serve as Treasurer.
The Justinian Society is a legal organization comprised of attorneys, judges and law students of Italian ancestry. Founded in 1925, the Justinian Society promotes continuing education in law, supports the advancement of qualified and distinguished Justinians in public office, serves the Italian-American legal profession and the community, and strives to uphold a positive image and take action against negative stereotyping against Italian-Americans.
Bochetto & Lentz frequently represents members of the Italian-American community and is proud to support the mission of the Justinian Society.
Membership in the Justinian Society is available to all members of the legal community who wish to support its efforts in advancing and celebrating the Italian-American community. More details here.
Bochetto & Lentz is pleased to announce the firm’s attorneys who have been selected to the 2024 Pennsylvania Super Lawyers® and Rising Stars® lists.
Attorneys Gavin Lentz and David Heim were named to the 2024 Super Lawyers List. Super Lawyers is a rating service of outstanding lawyers from more than 70 practice areas who have attained a high degree of peer recognition and professional achievement. The annual selections are made using a patented multiphase process that includes a statewide survey of lawyers, an independent research evaluation of candidates, and peer reviews by practice area.
Attorneys Kiersty DeGroote and Kean Maynard were named to the 2024 Rising Stars list. The list recognizes the best up-and-coming attorneys who are 40 years of age or younger or who have been practicing law for 10 years or less.
Each year, no more than 5 percent of the lawyers in the state are selected by the research team at Super Lawyers to receive this honor, and no more than 2.5 percent of the lawyers in the state receive the Rising Stars designation.
Bochectto & Lentz Helps Ex-CEO of Medical Group Who Alleges He Was Fired for Whistleblowing
A former executive of rehabilitation institute Rothman Orthopaedics sued the company in Pennsylvania state court, claiming he was fired and “perp-walked” out of the building in retaliation for raising the alarm about financial mismanagement practices.
In a recent feature by “We the Italians” magazine, George Bochetto is spotlighted for his pivotal role in defending the legacy of Christopher Columbus in American courts.
George’s legal battles against the removal of Columbus statues and the cancellation of Columbus Day highlight a deep commitment to correcting historical inaccuracies and safeguarding Italian American heritage.
His efforts underscore the firm’s dedication to justice, showcasing how procedural and judicial standards must be upheld. Through George’s work, Bochetto & Lentz demonstrates its commitment to preserving the cultural and historical contributions of Italian Americans to the fabric of American society.
Read the full article here
Bochetto attorney featured in Pennsylvania Bar Association Young Lawyer Division’s newsletter
Bochetto & Lentz attorney Ryan Kirk is featured in the Pennsylvania Bar Association Young Lawyer Divisions Fall 2022 newsletter with his article titled “The Coming Tsunami of COVID-19 Whistleblower Suits.”
Visit Pennsylvania Bar Association Young Lawyer Division Site
Bochetto Attorneys win business dispute arbitration
Recently, founding B&L partner, George Bochetto, and senior B&L associate John O’Connell, conducted a trial before a three member panel arbitration involving a years long business dispute between owners of a large, regional vending business with annual revenues exceeding $18 million. The trial involved the parties’ dispute over a complicated options buy-out contract, where our client’s adversary was enforcing his option to buy our client’s shares based on an erroneous interpretation of the contractual buy-out formula, which, Bochetto successfully argued, was ambiguous and the parties had previously settled. The three member arbitration panel — including two former judges — accepted Bochetto’s arguments in full, resulting in a win for B&L’s client, who received a recovery in excess of $8 million.
Over the years, B&L has earned a reputation for taking on such complicated, commercial litigation cases involving partnership breakups and shareholder disputes in a wide-array of industries. If you think you have problems in the corporate litigation area, please contact us. We welcome the opportunity to assist you through it.
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