January 13, 2025 - David M. Eskew

2024 was yet another banner year for AEL with noteworthy results for our clients, growth in several of our practice areas, and a slew of recognitions and honors. We are proud to share just some of the highlights from a truly memorable year at AEL.

Growing Our Team

In 2024, we added to our deep bench of litigators. In January 2024, Jarrod Schaeffer joined AEL as a Partner, Jeff Braun joined as Counsel, and Olivia Jecklin joined as an Associate. Jarrod joined AEL after more than five years as an AUSA in the SDNY where he investigated and prosecuted cases involving corruption, fraud, and international money laundering. Jeff joined AEL following many years at a nationally renowned law firm. Jeff is a highly regarded litigator with broad experience handling commercial and business disputes. Olivia joined AEL from a top-ranked international law firm. AEL also welcomed two new paralegals, Veronica Banat and Charlotte Woods, both recent graduates with exceptional academic credentials. We are incredibly proud of our close-knit team and supportive culture and look forward to announcing more strategic additions to our team in the near future!

Noteworthy Cases and Results

In 2024, AEL continued its well-established track record of getting exceptional results in big cases. Here are just a few examples of our noteworthy results from 2024 and ongoing matters:

False Claims Act and Complex Civil Litigation

AEL obtained a civil-only settlement under the False Claims Act on behalf of a nursing home system that owned and operated more than a dozen skilled nursing facilities in the New York region and elsewhere. The highly favorable settlement resolved multiyear parallel criminal and civil investigations conducted by the U.S. Attorney’s Office for the Northern District of New York and the New York Attorney General’s Office. The case was handled by Ken Abell, Scott Glicksman, and Raquel Frier.

AEL resolved a pending qui tam action in the Southern District of New York on behalf of a New York-based cardiologist who was previously convicted of criminal charges in connection with a billing issue. The case was handled by Ken Abell, Jarrod Schaeffer, and Kate Kulkarni.

AEL procured the voluntary dismissal of all claims brought against multiple clients as part of a sprawling, multimillion dollar civil RICO action filed in New York federal Court. The case was handled by Scott Landau, Jarrod Schaeffer, and Jan Jorritsma.

AEL represents the Chief Executive Officer of a large laboratory company in an intervened qui tam action in the Southern District of New York. The client provided institutional and mobile COVID-19 testing services in New York and beyond during the height of the pandemic. The case is being handled by Scott Landau, David Eskew, Scott Glicksman, and Olivia Jecklin.

AEL represents the former Chief Executive Officer of a clinical laboratory in a declined qui tam action in the Eastern District of New York. The client’s laboratories provided services to medical practices and skilled nursing facilities. The case is being handled by Scott Landau and Scott Glicksman.

AEL represents a major hospital system in a declined qui tam action pending in the District of New Jersey. The client operated joint ventures regarding skilled nursing care that are alleged to have violated the federal Antikickback Statute. The case is being handled by Ken Abell, David Eskew, Jan Jorritsma, and Olivia Jecklin.

AEL represents a large health technology company in connection with a civil FCA investigation being conducted by the U.S. Attorney’s Office for the Eastern District of New York. The case is being handled by Ken Abell and Olivia Jecklin.

White Collar Criminal and Parallel Investigations

AEL is representing Linda Sun, a former public official in the New York State Government, in a significant prosecution in the Eastern District of New York involving alleged violations of the Foreign Agents Registration Act, visa fraud, alien smuggling, and money laundering. The case is being handled by Ken Abell, Jarrod Schaeffer, and Scott Glicksman.

AEL represents one of the country’s largest health systems in several ongoing criminal and civil investigations, including matters related to HIPAA, drug diversion, and False Claims Act investigations. Multiple investigations are pending in the Southern and Eastern Districts of New York, which are primarily being handled by Ken Abell, David Eskew, and Scott Landau.

AEL negotiated a favorable plea deal and obtained a sentence of probation for a pharmacist indicted in the Eastern District of New York. The probationary sentence constituted a substantial downward variance from a recommended Guidelines range of three years’ imprisonment. The case was handled by David Eskew and Heather Suchorsky.

AEL negotiated a favorable plea deal and obtained a sentence of time served for a Russian national in connection with a multimillion dollar computer fraud conspiracy prosecuted in the Eastern District of New York. The case was handled by David Eskew and Heather Suchorsky.

AEL successfully navigated the former owner of multiple pharmacies through plea negotiations and sentencing in a case indicted in the Southern District of New York. AEL negotiated a favorable plea deal and handled the sentencing, at which the client received a meaningful downward variance. The case was handled by David Eskew and Scott Glicksman.

AEL obtained a sentence of 60 days’ imprisonment for a client convicted of leading a telecommunications fraud conspiracy. The case was prosecuted by the Southern District of California and then transferred to the Eastern District of New York for sentencing. The case was handled by David Eskew.
AEL obtained a substantial downward variance for a physician-client who pleaded guilty in the District of New Jersey to healthcare fraud charges arising from a genetic testing laboratory scheme. The case was handled by David Eskew and Heather Suchorsky.

AEL is serving as pool counsel on behalf of a large publicly-traded diagnostic laboratory services company in connection with a parallel investigation being conduct by the U.S. Attorney’s Office for the District of New Jersey. The case is being handled by David Eskew and Heather Suchorsky.

AEL is serving as pool counsel to a large national health system in connection with a parallel investigation being conducted by the U.S. Attorney’s Office for the District of New Jersey. The case is being handled by David Eskew.

AEL is representing a former employee of a durable medical equipment company who is being prosecuted in the District of New Jersey. The case is being handled by Ken Abell, David Eskew, and Scott Glicksman.

AEL represents a large publicly-traded company in connection with an investigation being conducted by the U.S. Attorney’s Office for the District of New Jersey. The case is being handled by David Eskew.

Healthcare Regulatory and Transactional Matters

AEL advised a prominent Article 28 diagnostic treatment center (DTC) in connection with a complicated transaction involving the restructuring of its facility lease and associated debts and obligations.

AEL defended a large not-for-profit multispecialty provider in connection with a third-party payor audit and overpayment demand. The payor’s initial overpayment demand was approximately $3.4mm, however, AEL’ convinced the payor that is allegations were baseless. The payor agreed to drop the audit and demand in its entirety and to close the file. The client paid $0 in overpayments.

AEL represented Ambulatory Surgery Centers in equity and asset sale transactions with private equity backed ventures and other provider entities.

AEL advised multiple healthcare providers and “healthtech” ventures in connection with regulatory and compliance questions and issues, including questions regarding HIPAA privacy and security, Antikickback and Stark Law compliance, Medicare conditions of participation, FDA regulatory matters, and New York State healthcare issues.

AEL designed OMIG compliant compliance programs for practice groups and HIPAA compliance programs for healthcare providers and healthcare adjacent concerns.

AEL advised a medical practice in connection with a data breach incident and associated issues and questions regarding breach notification, mitigation, and exposure.

Awards, Recognitions and Accolades

In 2024, AEL received deserved recognition for its excellent work. Below are some highlights:

In June 2024, AEL was once again ranked by Chambers USA as a leading law firm in Healthcare (NY), Specialist Litigation Firms in White Collar & Government Investigations (NY), and White Collar Crime & Government Investigations (NJ). Ken Abell, David Eskew, Scott Landau and Jeff Braun were all individually ranked in multiple categories.

In July 2024, Jarrod Schaeffer was selected to the 2024 Lawdragon 500 X “Next Generation” list.

In August 2024, Jarrod Schaeffer was named to Benchmark Litigation’s 40 and Under List.

Also in August 2024, Best Lawyers honored Ken Abell, Scott Landau, Scott Glicksman and Raquel Frier as Best Lawyers in Health Care Law. AEL was also ranked as a Best Law Firm in Health Care Law.
David Eskew and Jeff Braun were named to the Super Lawyers list. David Eskew was recognized as a Top Attorney in White Collar Criminal Defense. Jeff Braun obtained the honor for the 18th year in a row in the areas of Business Litigation, Land Use & Zoning and Environmental Litigation.

Scott Landau became an Adjunct Professor of Law at Brooklyn Law School, where he co-teaches a seminar on Healthcare Regulation.

We are enormously grateful for our continued success and to our clients who continue to trust us with important and sensitive matters. We are proud to zealously represent their interests and we are looking forward to an even better 2025. Happy New Year to all.