Thomas J. Kenny: Lawyer with Kutak Rock LLP

Thomas J. Kenny

Partner
Omaha,  NE  U.S.A.
Phone(402) 231-8769

Peer Rating
 5.0/5.0
AV® Preeminent

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Practice Areas

  • Litigation
  • Health Care Litigation
  • Business and Class Action Litigation
  • Securities Litigation
  • Government Disputes
  • Internal Investigations
  • White-Collar Crime
  • Nursing Home and Long-Term Care Litigation
  • Pharmaceutical Litigation
  • Risk Management
  • Employment Law
  • ERISA and Benefits Litigation
  • Telecommunications Litigation
  • Financial Institutions Litigation
 
University Marquette University, B.A., with Honors, 1984
 
Law SchoolCatholic University of America School of Law, J.D., 1989 Notes and Comments Editor, Catholic University Law Review
 
Admitted1989, Virginia; 1990, District of Columbia; U.S. District Court for the District of Columbia, U.S. District Court, Eastern District of Virginia and U.S. Court of Appeals, Fourth Circuit; 1993, Nebraska; U.S. District Court, District of Nebraska; U.S. Court of Appeals for the Eighth Circuit
 
Memberships 

Memberships and Affiliations

•Nebraska and Omaha Bar Associations
•ABA Health Law Section
•ABA Subcommittee on White-Collar Crime
•National Association of Criminal Defense Lawyers
•American Health Lawyers Association (Past Vice Chair, Healthcare Liability and Litigation Practice Group)
•Board of Directors, St. Francis Mission (on the Rosebud Reservation)

 
BornOmaha, Nebraska, April 16, 1962
 
Biography

Mr. Kenny is a partner in Kutak Rock's Omaha Litigation Department. He is Co-Chair of the firm's national Health Care Litigation Group, and also is Co-Chair of the national Government Disputes Group. He previously served as Vice Chairman of the Healthcare Liability and Litigation Practice Group of the American Health Lawyers Association.

Mr. Kenny represents corporate and individual clients in complex litigation and class actions against private and governmental adversaries, with an emphasis on representing health care providers, government contractors, financial institutions, corporate executives and licensed professionals. Mr. Kenny also regularly represents clients in internal and governmental investigations, and advises clients on risk management strategies and regulatory compliance.

In the past three years, Mr. Kenny has successfully defended multiple whistleblower actions brought under the federal False Claims Act, including the ultimate dismissal with prejudice of three separate FCA actions in the health care and financial services industries. In recent years he has successfully represented clients in various health care litigation and licensure disputes, multimillion-dollar bid protests and has represented numerous clients in internal and governmental investigations and related litigation in the health care, financial services and other highly regulated industries.

Mr. Kenny is a frequent lecturer and author on issues relating to health care, litigation, False Claims Act defense, internal investigations and regulatory issues. He has been a member of numerous professional organizations and has served on boards of various nonprofit organizations. Mr. Kenny's specific practice areas include:

•Representing corporations and individuals in government and internal investigations and in parallel proceedings and investigations brought by various state and federal government agencies in civil, criminal and administrative disputes (including whistleblower actions under the federal False Claims Act and state whistleblower statutes).
•Representing corporate clients in complex commercial litigation and class actions involving business disputes, securities claims, ERISA actions, health care-related claims, contract disputes, employment-related claims and causes of action under various statutory and common law theories.
•Representing individual professionals, including physicians, dentists, pharmacists, therapy providers and other health professionals as well as attorneys, accountants, bank officers and other executives, in regulatory investigations and other litigation.
•Representing clients in disputes and investigations involving the SEC, Medicare, Medicaid, CMS, FDIC, OTS, USPS, DEA, IRS, FBI, DOJ, OIG, CFTC, state attorneys general and various other state and federal enforcement authorities.
•Representing clients in state and federal administrative proceedings including licensure matters, Administrative Procedure Act appeals, contract disputes, health care provider appeals, reimbursement matters, bid protests, procurement disputes and constitutional challenges to state and federal statutes and regulations.
•Representing clients in multiple forums in Medicaid Management Information Systems (MMIS) procurements, including administrative protests and related litigation.

Recent Publications:

•Supreme Court: Clear Terms of an ERISA Plan Govern Reimbursement Following a Plan Participant's Third-Party Recovery (4/22/13)
•Deadline Quickly Approaching for Nursing Facility Mandatory Compliance Plans (3/5/13)
•Expanding Use of the False Claims Act Against Financial Services Institutions (2/18/13)
•Commercial Finance Update (11/30/12)
•Fraud and Abuse: Sixth Circuit Reverses District Court on FERA Retroactivity (11/9/12)
•False Claims Act: Are State-Created Corporate Entities a Person Subject to FCA Liability? (7/10/12)
•Disruption of Patient-Physician Relationship does not Always Constitute Irreparable Harm (6/11/12)
•EMTALA Client Alert: Recent Case Confirms Possible Preemption to Pre Suit Requirements for Pursuing a Medical Malpractice Claim (5/30/12)
•Summary of New Proposed Rules For Accountable Care Organizations (5/5/11)
•State False Claims Update, American Health Lawyers Association (4/5/11)
•CMS Issues Stark Law Self-Disclosure Protocol (11/10/10)
•Recent Health Care and False Claims Act Developments (5/5/10)
•False Claims Act Expansion: The FERA (6/3/09)
•OIG Heightens Focus on Nursing Facility Compliance (4/29/08)
•OIG Encourages Self-Disclosure (4/18/08)
•Whistleblower Update: Supreme Court Reins in Whistleblowers (5/31/07)

Recent Presentations:

•Financial Institute Regulatory Roundtable (May 2013)
•Securities Roundtable (2010, 2011, 2012)
•Attorney Client Privilege Seminars (Omaha) (May, June, July 2010)
•Government Contractors Seminar (Omaha) (1/15/10)
•Nursing Home Compliance Seminar (Denver) (7/08)

News

June 26, 2012Kenny Named Chair of AHLA's Healthcare Liability and Litigation Practice Group

Thomas J. Kenny has been named as vice chair of the Healthcare Liability and Litigation Practice Group of the American Health Lawyers Association (AHLA).

April 5, 2012Banking on Fraud: The Expanding Use of the False Claims Act To Target Financial Services Institutions

March 14, 2012Summary of CMS Proposed Overpayment Rule

On February 16, 2012, in order to implement section 6402(a) of the PPACA, the Centers for Medicare & Medicaid Services (CMS) issued a proposed rule relating to the report and return of overpayments.

April 6, 2011State False Claims Act Update

April 16, 2010Recent Health Care and False Claims Act Developments

February 10, 2010BTI Names Kenny a 2010 Client Service All-Star After Recommendation From Telecom Client

Publications

April 22, 2013Supreme Court: Clear Terms of an ERISA Plan Govern Reimbursement Following a Plan Participant's Third-Party Recovery

Client Alert

March 5, 2013Deadline Quickly Approaching for Nursing Facility Mandatory Compliance Plans

The Affordable Care Act (ACA), enacted in 2010, mandates that Medicare/Medicaid-certified nursing facilities and skilled nursing facilities have an effective compliance plan in place by March 23, 2013. ACA states that [by March 23, 2013], a facility shall ? have in operation a compliance and ethics program that is effective in preventing and detecting criminal, civil, and administrative violations ? and in promoting quality of care. Nursing facilities are the first health care providers required to enact a mandatory compliance plan. For more information, read the client alert in its entirety. Client Alert

February 18, 2013Expanding Use of the False Claims Act Against Financial Services Institutions

Client Alert

November 30, 2012Commercial Finance Update

Newsletter

November 9, 2012Fraud and Abuse: Sixth Circuit Reverses District Court on FERA Retroactivity

Kutak Rock attorney Paul Gwilt has authored a Fraud and Abuse Practice Group Enforcement Committee alert for the American Health Lawyers Association (AHLA) discussing the ongoingAllison Enginesaga and the Sixth Circuit's reversal of the district court on FERA retroactivity. The following article appeared November 9, 2012 in an AHLA newsletter alert.

July 10, 2012False Claims Act: Are State-Created Corporate Entities a Person Subject to FCA Liability?

The federal False Claims Act (FCA), a Civil War era federal statute intended to penalize the submission of false claims to the United States, has traditionally been employed against participants in the most prominent federal programs, such as health care providers and federal contractors. In recent years, however, federal prosecutors and private whistleblowers utilizing the FCA's powerful damages and penalty provisions (including treble damages, up to $11,000 per claim and attorneys fees) have recently turned their focus to banks, mortgage companies, educational providers and other lenders. Client Alert

June 11, 2012Disruption of Patient-Physician Relationship does not Always Constitute Irreparable Harm

A recent Eighth Circuit opinion illustrates the high standard that parties?even a physician seeking access to his patients after losing privileges?must meet to establish entitlement to injunctive relief. Client Alert

May 30, 2012EMTALA Client Alert: Recent Case Confirms Possible Preemption to Pre Suit Requirements for Pursuing a Medical Malpractice Claim

A recent federal district court decision in West Virginia illustrates the current divergence among the circuit courts as to whether EMTALA preempts state pre-suit requirements for medical malpractice claims, and describes how EMTALA has been used to avoid those state law requirements. Client Alert

April 5, 2012Banking on Fraud: The Expanding Use of the False Claims Act To Target Financial Services Institutions

In the aftermath of the recent financial crisis, federal prosecutors and private whistleblowers utilizing the FCA's powerful damages and penalty provisions (including treble damages, up to $11,000 per claim and attorneys fees) have recently turned their focus to banks, mortgage companies and others in the financial industry. Client Alert

May 5, 2011Summary of New Proposed Rules For Accountable Care Organizations

Through last year's enactment of the Affordable Care Act, provisions were added to the Social Security Act that established the Medicare Shared Savings Program (SSP). Client Alert

Events

October 7, 2011Health Care / Government Disputes Seminar

September 22, 2011Financial Services CLE 2011

Other

Other Distinctions

BTI Consulting Group Client Service All-Star for 2010

Government Service

Legislative Assistant to U.S. Senator Edward Zorinsky, 1984-1986

Community Involvement

Board of Directors, St. Francis Mission (on the Rosebud Reservation)

 
ISLN905925545
 

Documents by this lawyer on Martindale.com

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Planned Parenthood Ruling Deepens Current Split in the Circuits Regarding the Level of Specificity Required in FCA Cases
Victoria H. Buter,Edward M. Fox,Thomas J. Kenny, September 16, 2014
In the recent case of United States ex rel. Thayer v. Planned Parenthood of the Heartland, No. 13 1654, 2014 WL 4251603 (8th Cir. Aug. 29, 2014), the Eighth Circuit deepened the current split in the circuits regarding the level of specificity required in a False Claim Act (FCA) case, making it...


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Office Information

Thomas J. Kenny

1650 Farnam Street
OmahaNE 68102-2186




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