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Thomas J. Kenny

Partner

Thomas is Co-Chair of the firm’s national Healthcare Litigation Group and national Government Solutions Group, and leads the firm's State and Local Bid Protest Team. He serves on the Executive Committee of the Health Law Section of the Nebraska State Bar Association, and in the ABA's Public Contract Law Section.

Thomas represents corporate and individual clients in complex litigation and bid protests against private and governmental adversaries, with an emphasis on representing health care providers, government contractors, insurance companies, managed care companies, financial institutions, information technology companies, corporate executives and licensed professionals. Thomas also regularly represents corporate and individual clients in False Claims Act litigation and internal governmental investigations, and counsels clients on risk management strategies and regulatory compliance. Thomas currently serves on the ABA task force to revise the Model State Procurement Code.

Thomas leads an active multi-state procurement and bid protest practice, concentrating on federally funded state and local contract procurements in numerous areas, including healthcare, technology, transportation, and related disciplines. Because these state procurements generally receive federal funding, the bid protest team has successfully employed federal contracting principles under the FAR, in particular the OCI Rules, to overturn state contracting decisions. In the past three years alone, his team has represented clients in numerous multimillion dollar procurements and bid protests in Nebraska, Iowa, Washington, Oklahoma, Arizona, Arkansas, Missouri, Nevada and Michigan, advocating for both local and national clients. Procurement practice attorneys work closely with the firm’s Government Relations Group, and various subject matter experts, to achieve successful outcomes for clients.

In recent years, Thomas 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. He also has successfully represented clients in various types of governmental investigations and disputes in state and federal courts, as well as before administrative tribunals and professional licensure boards.

 

Thomas is a frequent lecturer and author on issues relating to health care, litigation, False Claims Act defense, internal investigations, government procurement reform and regulatory issues. Most recently, Thomas has been deeply involved in advocating procurement reform in Nebraska and other States. He has been a member of numerous professional organizations and has served on boards of various nonprofit organizations.

 

Presentations
Publications
  • “Caveat Vendor: The Case for Repairing Nebraska’s Contract Procurement Process,” The Nebraska Lawyer, July/August 2017
  • Thomas Kenny, Suzanne Shehan-Ames, and Dwyer Arce author article in the The Nebraska Lawyer, July/August 2021: "Stimulating False Claims Act Enforcement: Recent Pandemic Stimulus Funds"

 

  • Represents 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).
  • Represents corporate clients in state and local procurement matters and bid protests, administrative and judicial litigation and appeals, having litigated numerous protest matters before numerous agencies and courts, in Nebraska, Iowa, Washington, Missouri, Michigan, Oklahoma, Arizona, Arkansas, and Nevada.
  • Represents dentists and dental franchisees in franchise, litigation, and regulatory disputes, including in Nebraska, Missouri, Colorado, and Washington.
  • Represents clients in state and federal administrative litigation including licensure matters, Administrative Procedure Act appeals, state fair hearing proceedings, FOIA disputes, contract disputes, health care provider appeals, reimbursement matters, and constitutional and other challenges to state and federal statutes and regulations.
  • Represents 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.
  • Represents medical and dental providers in disputes involving corporate practice and fee-splitting issues.
  • Represents 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.
  • Represents corporate clients in complex commercial litigation and class actions involving business disputes, securities claims, health care related claims, franchise litigation, contract disputes, employment related claims and causes of action under various statutory and common law theories.
  • Represents managed care companies, providers and beneficiaries in managed care disputes, and disputes with providers and beneficiaries.

  • The Best Lawyers in America®, Criminal Defense: White-Collar, 2017-2023
  • The Best Lawyers in America®, Litigation – Health Care, 2023; Criminal Defense: White-Collar; Government Contracts; Litigation – Health Care, 2024
  • BTI Consulting Group “Client Service All-Star," 2010