David M. Laigaie

Member
Chair, White Collar Defense & Internal Investigations
Chair, Pro Bono Committee

Overview

Dave Laigaie focuses his practice on internal corporate investigations, health care litigation, compliance, and complex civil litigation. Dave regularly represents entities and individuals in responding to subpoenas issued by state and federal grand juries. He counsels for-profit and non-profit organizations addressing corporate responsibility for alleged wrongdoing by employees and agents.

He handles cases involving health care fraud, securities fraud, tax fraud, export violations, pharmaceutical marketing fraud, municipal corruption, defense procurement fraud, and public finance fraud.

Dave regularly represents a wide variety of health care providers and suppliers, including physician practices, hospitals, skilled nursing facilities, mental health providers, home health care agencies, hospices, durable medical equipment manufacturers, and pharmaceutical companies in responding to government investigations and in defending alleged violations of the False Claims Act.

Dave counsels clients in a wide range of industries concerning export controls, treaty compliance and international trade regulations enforced by the Office of Foreign Asset Controls (OFAC) and the Bureau of Industry and Security (BIS). He regularly assists clients concerning the changing rules and regulations involved in doing business in Iran and Cuba. Dave has most recently assisted aviation clients in obtaining necessary licenses and permits in order to begin passenger service in Cuba.

In addition, Dave represents individuals and corporations in responding to investigations involving a wide variety of allegations. He assists corporations and government entities in their compliance with laws and regulations, investigates non-compliance and counsels clients on how best to remediate non-compliance. He defends physicians and other licensed professionals in actions brought by licensing officials and helps corporate executives and directors charged with securities fraud, breach of fiduciary duty, mail fraud, wire fraud, and tax fraud. Dave also handles a broad assortment of civil litigation matters, including breaches on non-compete agreements, civil fraud cases, breaches of contract, and other civil disputes.

Dave is also a member of the firm’s Regulated Substances Group, a multidisciplinary team of lawyers and government affairs professionals who advise clients establishing and operating businesses involved in the financing, manufacturing, processing, distribution, marketing, and retail sale of marijuana for medical use where authorized by state law. He helps client navigate licensing and other complex legal and regulatory issues surrounding the fast-growing business of medical cannabis.

 

Representative Matters

  • Represented senior member of religious organization in relation to grand jury investigation into allegations of wide-spread sexual misconduct.
  • Represented local elected official in successfully defending against a quo warranto action seeking to oust the official from office based on alleged violations of the Pennsylvania Sunshine Act.
  • Design and implement codes of conduct and compliance programs for nonprofit, for-profit, and governmental organizations.
  • Represented Eastern Block émigré in collecting millions of dollars owed by a multi-national businessman who conducted business in Switzerland, France, Ukraine, the Middle East, and various Caribbean countries.
  • Advise municipalities and government agencies on compliance with federal, state, and local rules and regulations, including in areas such as procurement and personnel.
  • Conducted a corporate investigation for high technology manufacturer to determine whether the company and or its employees or agents violated the Foreign Corrupt Practices Act.
  • Represented clients in antitrust investigations concerning the manufacturer of potato chips and the sale of municipal tax liens.
  • Represented senior executives from several pharmaceutical and medical device companies whose marketing practices were under investigation.
  • Represented the principal of a corporation under investigation for insider trading.
  • Represented elected officials and candidates for elective office accused of violating the City of Philadelphia Campaign Finance Laws.
  • Represented a 350-doctor faculty practice plan in conducting an internal investigation into allegations of wrongdoing and assessing potential voluntary self-disclosure obligations.
  • Represented a former director of a now-bankrupt specialty finance company whose rapid descent into bankruptcy spawned a United State Attorney’s Office investigation, an SEC investigation, a shareholder derivative suit, a suit by bondholders, a suit by a consortium of lenders and a suit by the committee of unsecured creditors.
  • Represented a national emergency department staffing company, which is subsidiary of a multi-national health care and transportation company, in defending a Federal False Claims Act suit that was filed in Chicago and a commercial dispute filed in New Jersey.
  • Represented a stockbroker accused of participating in a “pump and dump” scheme to market worthless securities.
  • Provide counseling to a wide range of industries concerning export controls, treaty compliance and international trade regulations enforced by the Office of Foreign Asset Controls (OFAC) and the Bureau of Industry and Security (BIS).

  • Counsel clients in various industries concerning the changing rules and regulations involved in doing business in Iran and Cuba.

  • Assist aviation clients in obtaining all necessary licenses and permits in order to begin passenger service to Cuba.

  • Successfully assisted a large, international manufacturer with obtaining a license from the Bureau of Industry and Security (an agency of the United States Department of Commerce), allowing it to export $15 million of can making machinery to Cuba, on an extremely expedited basis.

Professional Affiliations

  • Philadelphia  Bar Association
  • Pennsylvania Bar Association
  • Public Citizens for Children and Youth, Board Member
  • Law360 White Collar Editorial Advisory Board
  • BNA Health Care Fraud Report, Editorial Board
  • Philadelphia Diversity Law Group, Board Member

Awards and Recognition:

  • Selected for inclusion in Pennsylvania Super Lawyers
  • Attained an AV® Preeminent™ rating from Martindale-Hubbell

Featured:

US Companies Should Proceed Cautiously Into Cuba and Iran (Legal Intelligencer)

David Laigaie comments on Philadelphia DA request for time to vet juvenile lifers (The Legal Intelligencer)

David Laigaie comments on insider trading verdict (Law360)

Gaming Industry Not Gambling on Money Laundering Enforcement (Legal Intelligencer)

David Laigaie discusses insider trading trial involving former Fox Rothschild real estate partner (Law360)

David Laigaie comments on a second chance for juvenile lifers in Pennsylvania (The Legal Intelligencer)

David Laigaie discusses insider trading case involving former Capital One employee (Law360)

Limited Expectation of Privacy Over Commercial Property

Thinking About Circumventing Disadvantage Business Enterprises Requirements? Don't!

Court Limits Ability to Allege FCA Violations Over Post-Employment Conduct

Construction Law Update: Spring 2015

Unusual Challenges Facing Legal Marijuana Businesses

Relative Obscurity of State Grand Jury Process Can Lead to Abuses

Smaller Businesses Must Get Ready for FCPA Whistleblowers

False Claims Act Half-Year Review

News and Insights

Publications:

  • “Broad Prior Convictions Language in PA. Marijuana Law”, co-authored for The Legal Intelligencer, June 2016.
  • “US Companies Should Proceed Cautiously Into Cuba and Iran,” co-authored, The Legal Intelligencer, April 2016.
  • “Gaming Industry Not Gambling on Money Laundering Enforcement,” The Legal Intelligencer, February 2016.
  • “Limited Expectation of Privacy Over Commercial Property,” The Legal Intelligencer, October 2015.
  • “Thinking About Circumventing Disadvantage Business Enterprises Requirements? Don’t!” Construction Executive Magazine, August 2015.
  • “Court Limits Ability to Allege FCA Violations Over Post-Employment Conduct,” co-authored, The Legal Intelligencer, June 2015.
  • “Unusual Challenges Facing Legal Marijuana Businesses,” co-authored, The Legal Intelligencer, April 2015.
  • “Do not circumvent DBE regulations,” Eckert Seamans’ Construction Law Update, Spring 2015.
  • “Relative Obscurity of State Grand Jury Process Can Lead to Abuses,” The Legal Intelligencer, January 2015.
  • “Smaller Businesses Must Get Ready For FCPA Whistleblowers,” Law360, January 2015.
  • “Limiting Evidence of Prior Bad Acts Under Rule 404(b),” The Legal Intelligencer, September 2014.
  • “How Implicit Bias Impacts Views on Minority Attorneys,” co-authored, The Legal Intelligencer, May 2014.

Speaking Engagements:

  • “False Claims Act Update,” A Day on Health Law, PBI, October 2016.
  • “Destinations: Navigating Trade Sanctions in Emerging Markets (Iran, Cuba & Others),” panelist, American Bar Association Forum on Air & Space Law 2016 Annual Meeting, September 2016.
  • False Claims Act Update,” panelist, PBI 22nd Annual Health Law Institute, March 2016.
  • “False Claims Act: Half-Year in Review,” A Day on Health Law, PBI, October 2015.
  • “False Claims Act Update,” Philadelphia Bar Association Health Care Law Committee Meeting, November 2014.
  • “False Claims Act or Whistleblower Litigation: What Every Practitioner Must Know About This Constantly Developing Area of the Law,” faculty, Philadelphia Bar Association Bench-Bar & Annual Conference, October 17, 2014.
  • “False Claims Act Update,” PBI  Day on Health Law Seminar, October 2014.
  • “Avoiding Trouble in this Age of Heightened Corporate Enforcement,” Eckert Seamans’ Continuing Legal Education (CLE) Seminar, August 2014.
  • “False Claims Act Update,” presented at PBI 20th Annual Health Law Institute, March 2014.
  • “A Day on Health Law – The False Claims Act Update,” panel moderator, PBI, October 2013.
  • “False Claims Act Update,” PBI 19th Annual Health Law Institute, March 2013.
  • “The False Claims Act – The Basics,” PBI Understanding the Basics of Fraud and Abuse in the Health Care Industry program, July 2012.
  • “Super Workshops,” presented at PBI 18th Annual Health Law Institute, March 2012.
  • “Health Care Oversight & Enforcement,” panelist, Impact of the Affordable Care Act with Senator Arlen Spector, April 2011.
  • “False Claims Act Update,” PBI 17th Annual Health Law Institute, March 2011.
  • “A Day on Health Law – The False Claim Act Update,” panel moderator , PBI presentation, October 2010.
  • “Fraud and Abuse, Enforcement and Transparency,” PBI Health Reform Legislation program, May 2010.
  • “Appealing Medicare Overpayments (RAC Audits),” PBI 16th Annual Health Law Institute, March 2010.
  • “A Day on Health Care Law, False Claims Act Half-Year In Review,” panel moderator , PBI, October 2009.
  • “False Claim Act Amendments: Implications for the Health Care Community, Bureau of National Affairs,” panel moderator (Washington, D.C.), July 2009.
  • “19th Annual National Institute on Health Care Fraud,” American Bar Association in Phoenix, Arizona, May 2009.
  • “False Claims Act Update,” PBI 15th Annual Health Law Institute, March 2009.
  • “False Claims Act Roundup,” Philadelphia Bar Association, January 2009.
  • “False Claims Act Update,” panel moderator, PBI, October 2008.
  • “False Claims Act Update,” PBI 14th Annual Health Law Institute, April 2008.
  • “False Claims Act Update,” PBI 13th Annual Health Law Institute, March 2007.
  • “False Claims Act Half Year in Review, A Day on Health Care Law,” PBI, October 2006.
  • “False Claims Act Year in Review,” PBI 12th Annual Health Law Institute, March 2006.

Media Coverage:

  • “Ex-For Rothschild Atty Felled By Firm Policy Violations,” Law360, February 9, 2016.
  • “Phila. DA Asks Court for Time to Vet Juvenile Lifers,” The Legal Intelligencer, February 9, 2016.
  • “Ex-Fox Rothschild Atty’s Trading Trial Hangs On Deal Reports,” Law360, February 1, 2016.
  • “Juvenile Lifers in Pennsylvania Get Second Chance,” The Legal Intelligencer, January 30, 2016.
  • “Ex-Capital One Worker May Still Beat Insider Trading Verdict,” Law360, January 14, 2016.
  • “Medical Cannabis Industry in Pennsylvania,” Twitter chat with the Central Penn Business Journal, May 6, 2015.
  • “Could Baldwin’s Role Doom Case Against PSU Officials?” The Legal Intelligencer, December 30, 2013.
  • “Health FCA Petitions Before Supreme Court for Review,” BNA Health Care Fraud Reporter, October 2, 2013.