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17 RPWB Attorneys Selected for Best Lawyers in America List

MOUNT PLEASANT, S.C – Seventeen RPWB attorneys were selected for the 2024 edition of The Best Lawyers in America® list for numerous practice areas including personal injury, product liability, mass tort, class action, qui tam and medical malpractice litigation.

This marks the seventh consecutive year in which RPWB is the top-listed plaintiff law firm in South Carolina for class action & mass tort litigation.

RPWB member Kim Keevers Palmer was selected as Lawyer of the Year in Charleston for mass tort and class action litigation. Christiaan Marcum was Lawyer of the Year in Charleston for his product liability work.

Additionally, three RPWB attorneys were selected for the “Ones to Watch” category that is reserved for younger, up-and-coming lawyers.

Here is the full list of RPWB attorneys on the 2024 edition of The Best Lawyers in America®:

Jena L. Borden

  • Mass Tort Litigation / Class Actions – Plaintiffs
  • Product Liability Litigation – Plaintiffs

James C. Bradley

  • Litigation – Antitrust
  • Mass Tort Litigation / Class Actions – Plaintiffs

Michael J. Brickman

  • Antitrust Law
  • Litigation – Securities
  • Mass Tort Litigation / Class Actions – Plaintiffs

Nina Fields Britt

  • Antitrust Law
  • Mass Tort Litigation / Class Actions – Plaintiffs

Elizabeth M. Burke

  • Mass Tort Litigation / Class Actions – Plaintiffs
  • Personal Injury Litigation – Plaintiffs
  • Product Liability Litigation – Plaintiffs

J. David Butler

  • Personal Injury Litigation – Plaintiffs
  • Product Liability Litigation – Plaintiffs

Jerry Hudson Evans

  • Mass Tort Litigation / Class Actions – Plaintiffs
  • Product Liability Litigation – Plaintiffs

Gregory A. Lofstead

  • Mass Tort Litigation / Class Actions – Plaintiffs
  • Product Liability Litigation – Plaintiffs

Christiaan Marcum

  • Mass Tort Litigation / Class Actions – Plaintiffs
  • Product Liability Litigation – Plaintiffs

Kim Keevers Palmer

  • Mass Tort Litigation / Class Actions – Plaintiffs

Charles W. Patrick, Jr.

  • Mass Tort Litigation / Class Actions – Plaintiffs
  • Product Liability Litigation – Plaintiffs

Thomas D. Rogers

  • Medical Malpractice Law – Plaintiffs
  • Personal Injury Litigation – Plaintiffs

A. Hoyt Rowell III

  • Health Care Law
  • Mass Tort Litigation / Class Actions – Plaintiffs

T. Christopher Tuck

  • Mass Tort Litigation / Class Actions – Plaintiffs
  • Product Liability Litigation – Plaintiffs
  • Qui Tam Law

Edward J. Westbrook

  • Mass Tort Litigation / Class Actions – Plaintiffs

Kenneth J. Wilson

  • Personal Injury Litigation – Plaintiffs
  • Product Liability Litigation – Plaintiffs

Robert S. Wood

  • Mass Tort Litigation / Class Actions – Plaintiffs
  • Product Liability Litigation – Plaintiffs

Ones to Watch – Designation for younger attorneys

D. Charles Dukes

  • Antitrust Law
  • Commercial Litigation
  • Mass Tort Litigation / Class Actions – Plaintiffs
  • Personal Injury Litigation – Plaintiffs
  • Product Liability Litigation – Plaintiffs

Theodore Hargrove II

  • Commercial Litigation

Matthew A. Nickles

  • Personal Injury Litigation – Plaintiffs
  • Product Liability Litigation – Plaintiffs

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    The chase of PPP fraud is on

    When the federal government raced to release more than $2.2 trillion in coronavirus aid earlier this year, it did so knowing that some of that money would go to fraudulent claims.

    With the money needed immediately by struggling businesses and workers, the government could not efficiently control fraud on the front end, so it was willing to pay invalid claims knowing it will chase the money through aggressive civil and criminal enforcement actions, a practice called “pay and chase.”

    While the federal government chasing fraud is nothing new, never has the chase involved so much money, paid out to so many, in such a short period of time. And complicating matters is that PPP recipients by their nature, are small businesses, not the highly-regulated industries used to receiving federal aid.

    Government officials believe a significant portion of the $2.2 Trillion was obtained through fraud and are acting accordingly. We are starting to see the first Paycheck Protection Program prosecutions, and the Department of Justice is gearing up for enforcement actions. Attorney General Barr has directed every United States Attorney’s Office to focus on detecting, investigating, and prosecuting all criminal activity related to the COVID-19 pandemic. Here in South Carolina, U.S. Attorney Peter McCoy has created a multi-agency task force to root out PPP fraud.

    Although impossible to predict the exact contours of the coming enforcement actions, we are beginning to see patterns in the charging decisions:

    • There is a complex statutory and regulatory framework directly applicable to SBA Fraud. Knowingly submitting a false claim to the Small Business Administration, which administered PPP carries up to 2 years in prison and a $5,000 fine. Prosecutors also can charge for making a false statement to the government or to a financial institution, which carry up to 5 years and 30 years respectively.
    • The government can go after cases in which no money actually changed hands. Even conspiracy to defraud charges carry the risk of significant prison time. The primary driver for sentencing in these PPP fraud cases, absent extreme circumstances, will be the amount of money applied for in the fraudulent loans.
    • Criminal liability will be around for a long time. Due to the fact that PPP fraud will almost always involve a financial institution, federal prosecutors can charge crimes with 10-year statutes of limitation. This means PPP criminal liability will be out there until 2030.

    People or businesses that find themselves a subject or target of a PPP or Cares Act fraud investigation should immediately retain a criminal defense attorney who focuses on white-collar crimes. Not only should the attorney be well-versed with the complex legal framework for PPP fraud cases, but it will also help if the attorney understands how the government intends to enforce it.

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      RPWB is a 2020 U.S. News & World Report Best Law Firm

      CHARLESTON, S.C. – U.S. News & World Report has named Richardson, Patrick, Westbrook & Brickman as a 2020 Best Law Firm for the firm’s work in personal injury, mass torts and class actions, product liability, medical malpractice, securities litigation, healthcare law and railroad law.

      U.S. News’ announcement came on the heels of the 2020 Best Lawyers in America list, in which 16 RPWB attorneys were recognized for work in their respective practice and geographic areas. This included a Personal Injury Lawyer of the Year designation for Dave Butler, an asbestos lawyer who works across the country helping people with mesothelioma lawsuits from his office in Aiken, South Carolina.

      RPWB was the top-listed plaintiff law firm in South Carolina for work on product liability cases, class action lawsuits and mass torts. In 2019, the firm had the most lawyers on the list in the entire country for mass torts and class actions.

      RPWB was founded in 2002, when four of the six shareholders of the very successful law firm Ness, Motley, Loadholt, Richardson & Poole formed a new firm to focus on complex litigation throughout the United States.

      RPWB attorneys regularly hold leadership positions on class actions and other mass torts across the nation. In 2019, RPWB lawyers were named to the leadership of national lawsuits, including the 3M Combat Arms Earplug MDL and the Aqueous Film-Forming Foams Product Liability MDL.

      The firm remains deeply rooted in work to help mesothelioma victims. Terry Richardson, a founding member of RPWB, was one of the first attorneys in the nation to win a mesothelioma lawsuit against asbestos manufacturers. Since then, RPWB has successfully represented mesothelioma victims throughout the United States. Several attorneys at the firm played pivotal roles in the fight against tobacco companies in the 1990s that led to the Tobacco Master Settlement Agreement. RPWB is currently helping six Canadian provinces in their fight to recoup money spent on treating smoking-related illnesses.

      In addition to national litigation, RPWB also works on individual lawsuits in a variety of practice areas, including: wrongful death, catastrophic personal injury, truck accidents, railroad accidents, construction defects, medical malpractice, mesothelioma and other occupational lung disease, whistleblower & qui tam, nursing home abuse, pharmaceutical drugs and medical device cases.

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        RPWB is a 2019 U.S. News Best Law Firm

        CHARLESTON, S.C. – Richardson, Patrick, Westbrook & Brickman was named a 2019 Best Law Firm by U.S. News & World Report, recognizing the plaintiff firm for its work on mass torts and class actions, product liability, securities, healthcare law, medical malpractice and personal injury lawsuits.

        With 16 lawyers listed on the underlying Best Lawyers in America list, RPWB was the top-listed plaintiff law firm in the country for its work on mass torts and class actions. RPWB was the top-listed plaintiff law firm in South Carolina for mass torts, personal injury and product liability.

        Four RPWB attorneys were new to the list: Brady Thomas, Chris Tuck, Bobby Wood and Ken Wilson. RPWB founding member Ed Westbrook was named Lawyer of the Year for class actions and mass torts in the Charleston-area.

        Here are the RPWB attorneys named to the 2019 Best Lawyers list:

        Michael Brickman
        Litigation – Securities
        Mass Tort Litigation/Class Actions – Plaintiffs

        Elizabeth Middleton Burke
        Mass Tort Litigation/Class Actions – Plaintiffs
        Personal Injury Litigation – Plaintiffs
        Product Liability Litigation – Plaintiffs

        David Butler
        Personal Injury Litigation – Plaintiffs
        Product Liability Litigation – Plaintiffs

        Blair Hahn
        Mass Tort Litigation/Class Actions – Plaintiffs
        Product Liability Litigation – Plaintiffs

        Greg Lofstead
        Mass Tort Litigation/Class Actions – Plaintiffs
        Product Liability Litigation – Plaintiffs

        Christiaan Marcum
        Mass Tort Litigation/Class Actions – Plaintiffs
        Product Liability Litigation – Plaintiffs

        Kim Keevers Palmer
        Mass Tort Litigation/Class Actions – Plaintiffs

        Charles Patrick
        Mass Tort Litigation/Class Actions – Plaintiffs
        Product Liability Litigation – Plaintiffs

        Terry Richardson
        Business Litigation
        Mass Tort Litigation/Class Actions – Plaintiffs
        Personal Injury Litigation – Plaintiffs
        Railroad Law

        Tom Rogers
        Medical Malpractice Law – Plaintiffs
        Personal Injury Litigation – Plaintiffs

        Hoyt Rowell
        Health Care Law
        Mass Tort Litigation/Class Actions – Plaintiffs

        Brady Thomas
        Mass Tort Litigation/Class Actions – Plaintiffs
        Personal Injury Litigation – Plaintiffs

        Chris Tuck
        Mass Tort Litigation/Class Actions – Plaintiffs

        Ed Westbrook
        Mass Tort Litigation/Class Actions – Plaintiffs

        Ken Wilson
        Product Liability Litigation – Plaintiffs

        Bobby Wood
        Mass Tort Litigation/Class Actions – Plaintiffs

        About RPWB

        RPWB was formed in 2002 as a collective of talented legal minds who focus on complex litigation throughout the United States. The firm is well-respected for its work on mass torts and product liability cases, including mesothelioma lawsuits and pharmaceutical litigation. RPWB attorneys regularly hold leadership positions on class actions and other mass torts across the nation.

        RPWB founding member Terry Richardson was among the first attorneys in the nation to successfully hold asbestos manufacturers liable for causing mesothelioma cancer. Several attorneys at the firm played pivotal roles in the fight against tobacco companies in the 1990s that led to the Tobacco Master Settlement Agreement. Some of those same attorneys are currently assisting six Canadian provinces seeking to recoup public healthcare spending on smoking-related illnesses.

        In addition to national litigation, RPWB also represents individual people in many practice areas, including: catastrophic personal injury, truck accidents, railroad accidents, construction defects, medical malpractice, mesothelioma and other occupational lung disease, whistleblower & qui tam, nursing home abuse, pharmaceutical drugs and medical device cases.

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          The Role of the Whistleblower: A look at qui tam litigation

          By Chuck Dukes

          Qui tam litigation allows private citizens, like you, to join in the battle against government fraud. Every year, many of our public institutions—from the military to Medicare—are plagued by fraud. Astonishingly, it’s estimated that nearly 10% of all federal spending, or $350–$400B per year, is lost due to fraud.

          And by and large, qui tam litigation has proven to be the most effective weapon there is to fight against government fraud. DOJ statistics show that from 1986–2017, more than 70% of the federal government’s total recovery for fraud has come through qui tam litigation, which led to over $40 billion being restored to the federal treasury.

          QUI TAM LITIGATION UNDER THE FALSE CLAIMS ACT

          Practically speaking, qui tam litigation is the procedure through which a private individual, commonly known as a “whistleblower,” files a lawsuit on behalf of the government to recover public funds. If the lawsuit is successful, the whistleblower is entitled to a share of the recovery.

          Modern qui tam practice began in 1863 when Congress enacted the False Claims Act (“FCA”) in response to rampant fraud being committed against the government during the Civil War.  The FCA prohibits anyone from knowingly committing fraud against the United States through the submission of false or fraudulent claims. Importantly, the FCA also includes qui tam provisions that allow private citizens to file suit on behalf of the United States to recover public funds. These whistleblowers, or “relators” as they are referred to under the statute, are individuals who have witnessed or have personal knowledge of fraud being committed against the government.

          COMMON TYPES OF GOVERNMENT FRAUD

          Today, most qui tam cases are filed against healthcare providers, financial institutions, or defense contractors for submitting false or fraudulent claims to the government for reimbursement. Qui tam cases involving healthcare fraud are the most common, and usually provide a majority of the government’s annual recovery under the FCA. These cases restore billions of dollars to our Medicare, Medicaid, and TRICARE programs every year, and save those programs billions more by deterring others from committing similar frauds.

          Fraudulent billing schemes are most prevalent in the medical industry and typically involve doctors, hospitals, or laboratories that (1) bill for medical services that were never performed, (2) bill for services that were not medically necessary, or (3) upcode for medical services or equipment. These schemes are typically uncovered by doctors, nurses, accountants, administrators, or billing specialists who have first-hand knowledge of the fraud and may have been reprimanded, or even fired, for trying to expose it.

          Lately, a surge of qui tam cases have also been filed for violations of the Stark Act and/or Anti-Kickback Statute, laws that generally prohibit doctors from receiving kickbacks for referring Medicare or Medicaid patients to other healthcare providers. These cases are typically filed by physicians who have rejected similar financial arrangements, nurses who become aware of the referral scheme, or by healthcare administrators with access to physician compensation matters who, during the course of their work, discover an illegal arrangement.

          HOW WHISTLEBLOWERS ARE COMPENSATED

          More often than not, qui tam cases involve hundreds or even thousands of false claims, so awards can be substantial. Defendants who are found liable for violations of the FCA face treble damages; civil penalties ranging from $10,957 to $21,916 per false claim; the government’s litigation costs; and the whistleblower’s expenses, attorneys’ fees, and costs.  

          For their efforts in exposing government fraud, whistleblowers are entitled to 10–30% of the government’s total recovery in the case. If the government has intervened, the whistleblower’s share is 15–25% of the total recovery. If the government has not intervened, that share can climb to 25–30%. In 2017, the average share was over a million dollars, with more than $390 million being awarded to whistleblowers collectively. Since 1986, whistleblowers have been awarded over $6 billion for their help in rooting out government fraud.

          But invariably qui tam cases involve complex issues, are fiercely contested by deep-pocketed defendants, and require extensive discovery and costly expert testimony to prove. So if you have witnessed government fraud at work and are considering a qui tam case, be sure to contact a law firm like RPWB that has the knowledge, experience, and financial resources that qui tam litigation demands.

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