Kayla Stachniak Kaplan

Kayla practices across the United States in both federal and state courts, representing clients in matters arising under both the federal FCA and state false claims statutes. In addition to her FCA practice in state and federal courts, including at the appellate level, Kayla also represents clients in commercial litigation and has practiced before international arbitral tribunals.

Kayla regularly writes and speaks on civil FCA and qui tam litigation developments.

Before joining Morgan Lewis, Kayla was an associate in the FCA practice at another global law firm.

Matters in which Kayla has served as defense counsel include:

• A large financial institution in FCA litigation arising out of allegations that the bank and its chief quality officer falsely certified to the US Department of Housing and Urban Development that thousands of federally insured home mortgages met eligibility requirements
• An international energy industry manufacturer in state false claims litigation arising out of allegations of misrepresentations regarding product quality for hundreds of units installed on state projects
• A nationwide healthcare provider in multiple FCA investigations and litigations arising out of allegations of inflated therapy minutes delivered to Medicare and Medicaid patients
• Multiple large financial institutions in FCA litigation arising out of allegations of vicarious liability under residential mortgage-backed securities trust/servicer relationships and federal mortgage insurance and federal homeownership incentive programs
• A major domestic automobile insurance company and affiliates in FCA litigation arising out of allegations that the insurers failed to report information regarding Medicare and Medicaid beneficiaries under the Medicare Secondary Payer Act
• A nationwide healthcare provider in FCA litigation arising out of allegations that it failed to adequately staff nursing homes that served Medicare and Medicaid patients
• A major property and casualty insurance company in FCA litigation arising out of allegations that the insurer falsely adjusted property damage under the National Flood Insurance Program after a major national disaster
• A medical device supplier in FCA litigation arising out of allegations that the supplier and several nursing homes violated state Medicaid pricing rules and the Anti-Kickback Statute