Kevin Raphael

Practice Areas

Kevin is a seasoned trial attorney with more than 25 years of experience spanning multiple areas of practice, including: white-collar criminal defense and government investigations; False Claims Act defense; health care and complex commercial litigation, including class actions; Title IX investigations and litigation; and institutional responses to sexual misconduct.

He has taken hundreds of bench and jury trials to verdict, and has represented clients in appellate courts in Pennsylvania, New Jersey, Delaware and the Third Circuit Court of Appeals. Kevin focuses on resolving legal disputes in creative ways that enable businesses and individuals to achieve their strategic goals.

Kevin counsels and represents businesses, entities and individuals in several industries, including health care, higher education, and food and beverage. He has litigated a broad range of business disputes and defended clients in major white-collar criminal and regulatory investigations involving allegations of fraud, false claims, public corruption and sexual abuse.

He writes and speaks frequently on health care litigation, government enforcement and white-collar defense, and the False Claims Act.

Health Law

Health care clients — including health systems, provider practices, home and home health care, hospice and long-term care facilities, mental health facilities and practitioners — rely on Kevin for innovative legal advice on disputes involving:

| Joint venture agreements, practice lease arrangements and other contracts

| Private health insurance companies

| Recovery Audit Contractor (RAC) and Medicaid Integrity Program (MIP) audits

| False Claims Act investigations

| RICO and civil fraud

| Noncompetes and restrictive covenants

Kevin also advises clients in regard to Medicare overpayment demands and appeals. He helps entities respond to subpoenas where confidentially is a concern, including the Mental Health Procedures Act and practitioner-patient privilege. Additionally, he counsels health care clients on business matters, and represents licensed professionals before licensing boards, credentialing committees, privileging committees and administrative entities.

White-Collar Defense

Kevin advises and defends clients facing federal, state and local grand jury investigations, including government agencies, religious organizations, publicly traded and privately held businesses, home care and home health care entities, Durable Medical Equipment (DME) companies, compound and specialty pharmacies, laboratories, clergy and licensed professionals. In addition, he conducts internal investigations for a wide variety of companies, particularly those in the health care industry.

Educational Institutions

Kevin advises educational and other institutions on training and compliance related to Title IX and the Clery Act. He serves as a Title IX Investigator and Decision Maker. Kevin also counsels institutional clients concerning the investigation of, and response to, claims of sexual misconduct, discrimination, and Title IX violations.

Professional Memberships

American Bar Association

Pennsylvania Bar Association

Chair, Large Law Firm Committee

Philadelphia Bar Association

Health Care Compliance Association

National Association of Criminal Defense Lawyers

Pennsylvania Association of Criminal Defense Lawyers

American Health Law Association: Former Vice Chair of Education – Fraud and Abuse Practice Group, Former Vice Chair of Publications – Fraud and Abuse Practice Group

Personal

State University of New York at Buffalo Law School (J.D., cum laude), St. Lawrence University (B.A., magna cum laude, Phi Beta Kappa)

Expert in these Jurisdictions

Bar Admissions: Pennsylvania, New Jersey

Career

Kevin joined Fox Rothschild from a regional law firm. Before that, he practiced as an Assistant District Attorney for the Philadelphia Office of the District Attorney, where he was primarily responsible for investigating and prosecuting sexual assaults on minors and young adults.

He has served as an adjunct professor of Health Law for Widener University Delaware Law School and Thomas Jefferson University College of Population Health.