Thomas J. Kenny

(402) 231-8769
(402) 346-1148 Fax

Mr. Kenny is a partner in Kutak Rock’s Omaha Litigation Department. He is Co-Chair of the firm’s national Health Care Litigation Group, and also is Co-Chair of the national Government Disputes Group. He serves on the Executive Committee of the Health Law Section of the Nebraska State Bar Association, and recently served as Vice Chairman of the Healthcare Liability and Litigation Practice Group of the American Health Lawyers Association.

Mr. Kenny represents corporate and individual clients in complex litigation and class actions against private and governmental adversaries, with an emphasis on representing health care providers, government contractors, financial institutions, corporate executives and licensed professionals. Mr. Kenny also regularly represents clients in False Claims Act litigation and internal and governmental investigations, and counsels clients on risk management strategies and regulatory compliance.

In the past three years, Mr. Kenny has successfully defended multiple whistleblower actions brought under the federal False Claims Act, including the ultimate dismissal with prejudice of three separate FCA actions in the health care and financial services industries. In recent years he has successfully represented clients in various types of government disputes in state and federal courts, as well as before administrative tribunals and professional licensure boards.

Mr. Kenny leads an active procurement and bid protest practice, concentrating on state and local contract procurements in numerous industries. In the past three years alone, his team has assisted in numerous multimillion-dollar bid protests in Nebraska, Iowa, Arkansas, Missouri, Nevada and Michigan.

Mr. Kenny is a frequent lecturer and author on issues relating to health care, litigation, False Claims Act defense, internal investigations, bid protests and regulatory issues. He has been a member of numerous professional organizations and has served on boards of various nonprofit organizations. Mr. Kenny's specific practice areas include:

  • Representing corporations and individuals in government and internal investigations and in parallel proceedings and investigations brought by various state and federal government agencies in civil, criminal and administrative disputes (including whistleblower actions under the federal False Claims Act, the IRS whistleblower provisions, and other federal and state whistleblower statutes).
  • Representing corporate clients in complex commercial litigation and class actions involving business disputes, securities claims, ERISA actions, health care-related claims, franchise litigation, contract disputes, employment-related claims and causes of action under various statutory and common law theories.
  • Representing corporate clients in state and local bid protests, administrative and judicial litigation and appeals.
  • Representing clients in state and federal administrative litigation including licensure matters, Administrative Procedure Act appeals, state fair hearing proceedings, contract disputes, health care provider appeals, reimbursement matters, bid protests, procurement disputes and constitutional challenges to state and federal statutes and regulations.
  • Representing individual professionals, including physicians, dentists, pharmacists, therapy providers and other health professionals as well as attorneys, accountants, bank officers and other executives, in regulatory investigations and litigation.
  • Representing corporate and individual health care clients—including hospitals, pharmacy providers, physician practices, dental groups (including franchises), long-term care facilities, home health and hospice providers, ASCs, psychiatric groups, geriatric medicine providers—in civil, criminal and administrative disputes and related investigations.
  • Representing clients in disputes and investigations involving the SEC, Medicare, Medicaid, CMS, FDIC, OTS, USPS, DEA, IRS, FBI, DOJ, OIG, CFTC, state attorneys general and various other state and federal enforcement authorities.
  • Representing clients in multiple judicial and administrative forums in Medicaid Management Information Systems (MMIS) procurements, including administrative bid protests and related litigation.
  • Representing managed care companies in disputes with providers and beneficiaries.
  • Representing dentists and dental franchisees in franchise and licensure disputes.

Recent Publications:

  • Caveat Vendor: The Case for Repairing Nebraska’s Contract Procurement Process, The Nebraska Lawyer (July/August 2017)
  • Dental Practice Pitfalls, Kutak Rock Client Alert (6/1/2017)
  • Supreme Court: Clear Terms of an ERISA Plan Govern Reimbursement Following a Plan Participant's Third-Party Recovery (4/22/13)
  • Deadline Quickly Approaching for Nursing Facility Mandatory Compliance Plans (3/5/13)
  • Expanding Use of the False Claims Act Against Financial Services Institutions (2/18/13)
  • Commercial Finance Update (11/30/12)
  • Fraud and Abuse: Sixth Circuit Reverses District Court on FERA Retroactivity (11/9/12)
  • False Claims Act: Are State-Created Corporate Entities a “Person” Subject to FCA Liability? (7/10/12)
  • Disruption of Patient-Physician Relationship does not Always Constitute Irreparable Harm (6/11/12)
  • EMTALA Client Alert: Recent Case Confirms Possible Preemption to Pre Suit Requirements for Pursuing a Medical Malpractice Claim (5/30/12)
  • Summary of New Proposed Rules For Accountable Care Organizations (5/5/11)
  • State False Claims Update, American Health Lawyers Association (4/5/11)
  • CMS Issues Stark Law Self-Disclosure Protocol (11/10/10)
  • Recent Health Care and False Claims Act Developments (5/5/10)
  • False Claims Act Expansion: The FERA (6/3/09)
  • OIG Heightens Focus on Nursing Facility Compliance (4/29/08)
  • OIG Encourages Self-Disclosure (4/18/08)
  • Whistleblower Update: Supreme Court Reins in Whistleblowers (5/31/07)

Recent Presentations:

  • Kansas City Corporate Roundtable (2015)
  • Nebraska Hospital Association Webinar: False Claims Act Update (2015)
  • Financial Institute Regulatory Roundtable (May 2013)
  • Securities Roundtable (2010, 2011, 2012)
  • Attorney Client Privilege Seminars (Omaha) (May, June, July 2010)
  • Government Contractors Seminar (Omaha) (1/15/10)
  • Nursing Home Compliance Seminar (Denver) (7/08)