Attorney Profile:

Jonathan L. Swichar

Jonathan L. Swichar: Attorney with Duane Morris LLP

Biography

Jonathan L. Swichar focuses his practice in the area of commercial litigation and is an active trial lawyer, handling, across the United States, matters involving complex commercial disputes, securities law, shareholder disputes, white-collar criminal defense and investigations, insurance defense, healthcare litigation, healthcare fraud defense and internal corporate investigations. Mr. Swichar regularly counsels international corporations and has been lead counsel in hundreds of disputes in state and federal courts as well as in arbitrations and mediation.

Mr. Swichar is co-chair of Duane Morris' Specialty Pharmacy Litigation Group. He regularly represents healthcare providers in the investigation and defense against healthcare-related offenses in regulatory, civil and criminal proceedings. He also represents numerous healthcare providers, including specialty pharmacies, throughout the United States in disputes with insurance companies and pharmacy benefit managers. Specifically, Mr. Swichar represents such providers in connection with, among other things, violations of non-compete agreements, issues in gaining entry into an insurance network, attempts by insurance companies/pharmacy benefit managers to terminate providers from such networks, reimbursement disputes and refusals by insurance companies/pharmacy benefit managers to abide by state any willing provider laws.

Mr. Swichar is active in a leadership capacity in several community and civic organizations. Admitted to practice in Pennsylvania and New Jersey, Mr. Swichar is a member of the Pennsylvania and Philadelphia bar associations. Mr. Swichar is a 1997 graduate of Temple University School of Law, where he was a member of the Temple Law Review, and a graduate of the University of Maryland.

Experience

•Duane Morris LLP
- Partner, 2006-present
- Associate, 1997-2005

Civic and Charitable Activities

•President of the Voorhees Soccer Association
- January 2016-present
•Vice President and Member of Board of Directors of Voorhees Soccer Association
- January 2014-2016
•Gaudenzia, Inc.
- Development Committee, Member of Greater Philadelphia Community Affairs Council, 2003-present

Honors and Awards

•Listed by Pennsylvania Rising Stars, 2006-2008 and 2010-2012

Board Memberships

•Gaudenzia, Inc.
- Board of Directors
•Lawyers' Club of Philadelphia
- Board of Directors

Publications and Speaking Engagements

Selected Publications

•Co-author, Are Pharmacy Benefit Managers' Cost-Containment Claims a Shell Game? , The Corporate Counselor, April 2017
•Co-author, Positioning your organization for a RAC audit, Healthcare Financial Management, January 2011
•Co-author, Weathering a RAC Audit, Hospitals & Health Networks, December 6, 2010
• Ready Or Not Pennsylvania Healthcare Providers, The RAC Audits Have Arrived, Association of Corporate Counsel Delaware Valley Chapter (DELVACCA) Newsletter, February 2010
•Co-Author, The Attorney/Client Privilege: A Fond Memory of Things Past--An Analysis of the Privilege Following United States v. Anderson, Annals of Health Law, Volume 9, 2000; published as part of a presentation at the PBI Sixth Annual Health Law Institute in 2000.
•Co-author, Authority of Agent to sue for Principal and Potential Liability of Both Where the Agent Contracts for the Principal, American Bar Association Litigation Section Trial Practice Committee Newsletter, Spring 2004
•Co-Author, Part I To Disclose or Not to Disclose - There Should Be No Question, and Part II, An Effective Voluntary Disclosure Program Needs an Amnesty Provision, The Legal Intelligencer, September 18-19, 2000
•Co-Author, Full Amnesty Could Encourage Provider Self-Disclosure, Healthcare Financial Management, July 2000
•Co-Author, Attorney/Client Privilege After Anderson, and Hotlines, Voluntary Self-Disclosure and the Death of Privilege After Anderson, The Legal Intelligence, December 23 and 27, 1999.
•Co-Author, The Justice Department Guidelines on the False Claims Act: Overdue Recognition that Sometimes a Mistake is Just a Mistake, Medicare Compliance Perspectives, December 31, 1998; The Legal Intelligencer, January 27, 1999.
• New Jersey Supreme Court Opens Shopping Center Doors to Increased First Amendment Activity, Temple Law Review, Vol. 69, No. 2, 1996
•Co-Author, The Consultant's Guide to Medicare and Medicaid Fraud and Abuse and Compliance Issues.

Selected Speaking Engagements

•Co-Speaker, Boilerplate Clauses in Contracts: Use at Your Own Risk, Pennsylvania Bar Institute, PBI Conference Center, Mechanicsburg, June 13, 2012
•Co-Speaker, Boilerplate Clauses in Contracts: Use at Your Own Risk, Pennsylvania Bar Institute, CLE Conference Center, Philadelphia, May 10, 2012
•Co-Presenter, Appellate Advocacy: Views from the Pennsylvania Superior Court Bench, Pennsylvania Bar Institute Annual Meeting, 1999.

Areas of Practice (7)

  • Commercial Litigation
  • Specialty Pharmacy Litigation
  • Healthcare Litigation
  • Insurance Defense Litigation
  • Healthcare Fraud Defense
  • White Collar Criminal Defense and Investigations
  • Appellate Practice

Education & Credentials

Contact Information:
215 979 1816  Phone
215 689 4428  Fax
www.duanemorris.com/attorneys/jonathanlswichar.html
University Attended:
University of Maryland, B.A., 1994
Law School Attended:
Temple University School of Law, J.D., magna cum laude, 1997
Year of First admission:
1997
Admission:
Pennsylvania; New Jersey; Supreme Court of New Jersey; Supreme Court of Pennsylvania; U.S. District Court for the District of New Jersey; U.S. Court of Appeals for the Third Circuit; U.S. Court of Appeals for the Fourth Circuit; U.S. District Court for the Eastern District of Pennsylvania
Memberships:

Professional Activities

•American Bar Association
•Pennsylvania Bar Association
•Philadelphia Bar Association
•Lawyers' Club of Philadelphia
- Board of Directors

Birth Information:
Philadelphia, Pennsylvania, December 11, 1972
Reported Cases:
Representative Matters: Commercial Litigation; Outside litigation counsel for a Fortune 200 international company handling hundreds of disputes involving claims of, among other things, breach of contract, fraud, interference with contractual relations, unfair competition and violations of employee non-compete agreements.; Outside litigation counsel for charter schools involving disputes with local school districts over charter audit and renewal issues.; Obtained dismissal of a $40 million dollar RICO action on behalf of an attorney alleged to have knowingly engaged in a fraudulent tax shelter scheme.; Represented Evergreen Elder Care and defeated a motion for summary judgment filed by a secured creditor who sought judgment in the approximate amount of $3.3 million and an order authorizing foreclosure of Evergreen's premises. The court also granted an order removing a receiver the court previously appointed for Evergreen's business.; Obtained summary judgment for Niscon, Inc. in a products liability action arising from an accident in which an actor fell through a trap door of a bridge on the set of the Broadway production of the musical The Little Mermaid. The court determined that Niscon could not be held strictly liable because there was no evidence that the automation software it provided to allow remote operation of the trap door was defectively designed or malfunctioned. Bailey v. Disney Worldwide Shared Services, et al., Index No. 113072/08 (N.Y. Sup. Ct, N.Y. County Feb. 10, 2010).; Represent both plaintiffs and defendants in federal and state litigation involving claims arising under the Racketeer Influenced and Corrupt Organizations Act (RICO).; Obtained a dismissal of a complaint filed in the Supreme Court of the State of New York, New York County, alleging fraud, malpractice, unjust enrichment, illegal fees, and negligence against a former tax partner at an AmLaw 100 law firm. The complaint demanded $140 million, and arose from the implementation of allegedly illegal tax shelters.; Served as lead counsel for major automobile manufacturer in hundreds of breach of warranty matters in Pennsylvania.; Assisted in successful representation of hotel owner in a matter brought against major hotel management company asserting claims for breach of management agreement and breach of fiduciary duty.; Represents individuals and corporations as plaintiffs and defendants in securities fraud cases in federal and state court, as well as in NASD arbitration proceedings.; Represented several shareholders of closely-held corporations in negotiations over the purchase of the shareholders' interests and in litigation against other shareholders and the corporations involving allegations of minority shareholder oppression, breach of fiduciary duty, fraud and breach of contract.; Assisted in successful representation of major health maintenance organization in having claims under RICO dismissed which alleged fraud in the solicitation of HMO plan members.; Specialty Pharma Litigation; Represented independent pharmacies in successfully overturning decisions by Pharmacy Benefit Managers to suspend or terminate the pharmacies from insurance networks.; Represented independent pharmacies in successfully overturning decisions by Pharmacy Benefit Managers to exclude the pharmacies from insurance networks.; Represented independent specialty pharmacies in appeals of Pharmacy Benefit Manager audits, successfully preventing the recoupments of millions of dollars from the pharmacies.; White-Collar Criminal; Represent numerous individuals and healthcare providers in the investigation and defense against allegations of fraudulent insurance claims.; Has conducted a number of internal investigations of publicly held corporations and healthcare providers in the defense and mitigation of federal claims and penalties.; Assisted in securing the dismissal of federal charges against a Taiwanese national whom the government had declared a fugitive through use of a video teleconference.; Appellate advocacy: Represented clients in the Third Circuit, the Superior and Supreme Courts of Pennsylvania and the Supreme Court of New Jersey including the case of Commonwealth v. Fischer wherein the Court adopted appellant's argument for a fundamental change in criminal jury instructions.; Obtained dismissal of charges against an individual charged with theft of trade secrets.; Obtained dismissal of charges against physicians charged with violating the False Claims Act.; Represented multiple individuals in sentencing hearings resulting in the criminal courts dramatically departing from sentencing guidelines.; Pro Bono; Obtained on behalf of a pro bono client plenary guardianship over the estate and person of her 21-year-old daughter, who suffers from encephalopathy, spastic quadriplegia, and intellectual disability, in Orphans' Court, Court of Common Pleas, Philadelphia County.; Represented child seeking Social Security benefits based on disabilities.; Represent individuals in custody proceedings and guardianship matters.; Represent pro bono clients in name changes.
ISLN:
912463726

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