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Sean McKenna
Partner
Overview
As a leader of the firm’s False Claims Act / Qui Tam Investigations and Defense team, Sean focuses his practice on solving clients’ health care needs and representing companies, clinicians, and executives in white collar civil and criminal cases and investigations. He has 25 years’ experience handling and defending health care-related enforcement actions, as well as offering fraud and abuse insight and analysis.
Sean spent nearly 15 years with the federal government (CMS, OIG, and DOJ), investigating and resolving civil False Claims Act, criminal, and administrative health care fraud investigations, matters, and cases.
Sean currently serves as a Co-Chair of the ABA Health Law Section’s Sponsorship Committee and was a previous Co-Chair and Chair of that group’s Membership Committee, as well was 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 health care and white-collar issues and is a frequent invited speaker at national conferences.
Credentials
Education
- University of Houston Law Center, 1998 (J.D.)
- University of California, Santa Barbara, 1995 (B.A.)
Court Admissions
- U.S. Court of Appeals for the Fifth Circuit
- U.S. District Court for the Northern District of Texas
- U.S. District Court for the Western District of Texas
- U.S. District Court for the Eastern District of Texas
- U.S. District Court for the Southern District of Texas
- Routinely represents individuals and health care providers in criminal and white-collar matters conducted by the U.S.’ and State Attorneys’ General.
- Regular representation of individuals and providers under state and federal False Claims Acts and administrative investigation by the Department of Justice, Offices of Inspector General, and Attorneys’ Generals Medicaid Fraud Control Units.
- Represents providers before Medicare, Medicaid, and commercial contractors.
- Advises clients regarding proposed and existing arrangements and operations, including employment, contractual, regulatory, and compliance with state and federal rules and regulations.
- Conducts internal investigations and compliance review / organizational assessments for health care clients.
- 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
- Knights of Columbus
- Parker University, Board of Trustees
- Best Lawyers in America, Criminal Defense – White-Collar; Health Care Law; Litigation – Health Care, 2015-2024
- Best Lawyers in America, Lawyer of the Year, Litigation – Health Care, 2024
- American Bar Foundation, Fellow, 2014-present
- Texas Super Lawyers, 2016-2020, 2022-2023
- D Magazine, Best Lawyers in Dallas – Criminal Defense: White Collar, 2015, 2017-2019, 2021
- Top 100 Registry, Health Care Attorney of the Year, 2019
- The Legal 500 United States, Health Care, 2017
- Chambers USA , 2016-2017
- University of North Texas Dallas College of Law, Adjunct Professor, Health Care Law, 2015
- FBI Commendation, August 2013
- DOL-EBSA Certificate of Appreciation, April 2013
- HHS-OIG, Exceptional Achievement Award, 2003
- HHS-OIG, Integrity Award, 2004, 2008, 2011, 2013
- USDA-OIG, Certificate of Appreciation, June 2008
- USPS-OIG, Award, June 2010
- American Bar Association, Health Law Section
- Sponsorship, Vice-Chair, 2018-present
- Health Law Section, Membership Committee, Co- and Vice-Chair, September 2013-2018
- State Bar of Texas, Health Law Section, Council Member, June 2013-2018
- U.S. District Court, Northern District of Texas, Criminal Justice Act Voluntary Panel
- Quoted, SBF’s Testimony Was Necessary Risk for Defense With Few Options, Bloomberg Law, Nov 7, 2023
- FCA – A Pseudo Private Right of Action for the Information Blocking Rule? ABA Health Law Section Webinar, April 27, 2023
- Enforcement and Liability Update, HCCA Annual Compliance Institute, April 24, 2023
- 2023 Enforcement Update – Same as It Ever Was, DBA Health Law Section Webinar, April 19, 2023
- Non-Competes – Health Care Industry Realities and Predictions, PLI Webinar, April 18, 2023
- Effectively Using Compliance and Other Professionals to Defend and Rebut Audit and Investigation Allegations, HCCA Webinar, March 28, 2023
- False Claims Act: 2022 Year in Review, PLI Webinar, January 26, 2023
- Asset Protection in an Era of Enforcement, Health Care Compliance Association, December 14, 2022
- Preserving and Protecting Assets In Healthcare, First Healthcare Compliance, October 13, 2022
- Leveraging Legal and Consulting Services in Audits and Investigations, HCCA Webinar, April 13, 2022
- Anti-Kickback and Stark Developments: 2022 and Beyond, PLI Webinar, April 6, 2022
- Enforcement and Compliance Update for Physicians and Hospitals, 26th Annual Compliance Institute – HCCA Conference, March 28–31, 2022
- False Claims Act: 2021 Year in Review, PLI Webinar, January 20, 2022
- Houston Regional Healthcare Compliance Conference, HCCA Webinar, December 10, 2021
- 2021 Texas Health Law Conference, Health Law Section of the State Bar of Texas Webinar, October 11, 2021
- Government Enforcement: The Year That Was 2020, HCCA Webinar, August 6, 2021
- Stark and AKS: New and Improved? First Healthcare Compliance Webinar, July 21, 2021
- Digital Tech, Liability, Compliance, and Enforcement in the COVID-19 Era, HCCA Webinar, April 29, 2021
- False Claims Act: 2020 Year in Review, PLI Webinar, January 26, 2021
- Hot Topic Video Chat, Texas Virtual Health Law Conference, October 6, 2020
- The Risk of False Claims Act Liability for Recipients of COVID-19 Funding, PLI Webinar, September 29, 2020
- Government Enforcement in the Opioid Era, HCCA Philadelphia Regional Health Care Compliance Conference, May 29, 2020
- Qui Tam Cases: The Impact of the Granston Memo in Practice, ABA Webinar, May 19, 2020
- 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