Sean McKenna

Firm: Spencer Fane LLP
Location: Dallas - TX

  • 2200 Ross Avenue Suite 4800 West
    Dallas, TX 75201
    USA
  • Tel : 214.459.5890
  • Fax : 214.750.3612

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 ABA 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

  • 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

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

  • Best Lawyers® – Litigation and Healthcare, 2015-2021
  • Fellow, American Bar Foundation, 2014-Present
  • Texas Super Lawyers®, 2016-2020
  • Top 100 Registry, Healthcare Attorney of the Year, 2019
  • Best Lawyers in Dallas – White Collar Defense, D Magazine, 2015, 2017-19
  • The Legal 500 United States, Healthcare, 2017
  • Chambers and Partners USA Guide, 2016-2017
  • 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

Spencer Fane LLP

At Spencer Fane, your business leaders work with our business leaders. We provide an unconventional approach to legal services geared toward protecting and advancing business and personal interests. Our clients are certain that their interests are our priority, because they work with leaders – leaders who work decisively, execute with purpose and understand the importance of flawless timing.