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Sean McKenna

Partner

Spencer Fane attorney Sean McKenna

T 214.459.5890
F 214.750.3612
smckenna@spencerfane.com


Sean focuses his practice on solving clients’ health care needs and representing companies and executives in white collar cases and investigations. He has over 21 years of experience handling and defending health care and white collar enforcement actions, as well as fraud and abuse insight and analysis. Most of Sean’s professional experience has been with the federal government (CMS, OIG, and DOJ), investigating and resolving civil, criminal, and administrative health care and white collar fraud investigations, matters, and cases.

Sean currently serves as a Co-Chair of the AB Health Law Section’s Sponsorship Committee and as previous Co-Chair and Chair of that group’s Membership Committee as well as a long-time member of the State Bar of Texas’s Health Law Section Council.

Sean is recognized throughout Texas and across the country for his knowledge in healthcare and white collar issues and is a frequent invited speaker at local, regional, and national conferences.

Highlights of Sean’s experience include:

  • Regular representation of individuals and providers under civil and administrative investigation by the Department of Justice, Offices of Inspector General, and Attorneys’ Generals Medicaid Fraud Control Units.
  • Routinely represents individuals and health care providers in criminal and white collar matters conducted by the United States and State Attorneys’ General.
  • Represent providers before Medicare, Medicaid, and commercial contractors.
  • Advise clients regarding proposed and existing arrangements and operations, including employment, contractual, regulatory, and compliance with state and federal rules and regulations.
  • Conduct internal investigations and compliance review/organizational assessments for health care clients.
  • Regular representation of health care clients in state and federal litigation matters.

Government Experience

  • Assistant U.S. Attorney, Northern District of Texas, 2003-2013
  • Associate Counsel, Office of Counsel to the Inspector General, 2000-2003
  • Associate Regional Counsel, Office of General Counsel, U.S. Department of Health and Human Services, 1999-2000

Presentations and Publications

  • Best Practices for Compliance with the Stark Law and the Anti-Kickback Statute, HCCA Webinar, February 19, 2020
  • False Claims Act Update, PLI Webinar, January 15, 2020
  • Enforcement in The Opioid Era, HCCA Houston Regional Compliance Conference, December 2019
  • Eliminating Kickbacks in Recovery Act of 2018: A Long Sought-After Tool Is Realized, AHLA Weekly, January 18, 2019
  • Handling Your First or Next False Claims Act Case, Co-Speaker and Faculty, Austin, TX, November 30, 2018
  • Practice Management: A Prescription for Start-Up’s Relationships with Physicians, BC Advantage Magazine, September/October 2018
  • Healthcare Conflicts of Interest 101: Fraud and Abuse Examples & Recent Trends from AKS & Stark to Private Enforcement, First Healthcare Compliance, August 29, 2018
  • Approaching the False Claims Act from Both Sides of the Aisle, Federal Bar Association Webinar, July 11, 2018
  • Development in Private Enforcement of Healthcare Fraud and Abuse Laws, HCCA Webinar, June 21, 2018
  • Current Enforcement and Compliance Climate, G2 Conference, June 06, 2018
  • Enforcement Trends: Compliance Investigations and More, Health Care Compliance Association (HCCA) Philadelphia Regional Compliance Conference, June 1, 2018
  • Compliance Today, Effectiveness Tomorrow: the Necessary Actions to Achieve Success, Health Care Compliance Association’s 2018 Compliance Institute, April 16, 2018
  • Fundamentals of Healthcare Compliance, American Bar Association Teleconference, April 5, 2018
  • Enforcement Trends, 30th Annual UTLaw Conference Presentation, April 2018
  • Compliance Investigations: Essential Steps to Success, Journal of Health Care Compliance, March/April 2018
  • Broken Windows in Your FCPA Compliance Program, Society of Corporate Compliance and Ethics Webinar, January 31, 2018

View Sean’s additional presentations and publications

Community Involvement

  • Member, Knights of Columbus

Memberships

  • American Bar Association, Health Law Section
    • Vice-Chair, Sponsorship, 2018-Present
    • Co and Vice-Chair, Membership Committee, Health Law Section, September, 2013-2018
  • State Bar of Texas
  • Council Member, Health Law Section, June 2013-2018
  • Member, Criminal Justice Act Voluntary Panel, U.S. District Court, Northern District of Texas

Distinctions

  • Top 100 Registry, Healthcare Attorney of the Year, 2019
  • Fellow, American Bar Foundation, 2014-Present
  • Best Lawyers® – Litigation and Healthcare, 2015-2020
  • The Legal 500 United States, Healthcare, 2017
  • Texas Super Lawyers®, 2016-2019
  • Chambers and Partners USA Guide, 2016-2017
  • Best Lawyers in Dallas – White Collar Defense, D Magazine, 2015, 2017-19
  • Adjunct Professor, Health Care Law, University of North Texas Dallas College of Law, 2015
  • FBI Commendation, August 2013
  • DOL-EBSA Certificate of Appreciation, April 2013
  • HHS-OIG
    • Exceptional Achievement Award, 2003
    • Integrity Award, 2004, 2008, 2011, 2013
  • USDA-OIG, Certificate of Appreciation, June 2008
  • USPS-OIG, Award, June 2010

Contact Sean McKenna at 214.459.5890 or smckenna@spencerfane.com.