Michael T. Fantini

Biography

Michael T. Fantini is a Shareholder in the Philadelphia office. He is a member of the Firm’s Whistleblower, Qui Tam & False Claims Act group, as well as the Consumer Protection and Commercial Litigation practice groups. 

Mr. Fantini has successfully prosecuted two large qui tam (‘whistleblower”) cases against pharmaceutical companies—PharMerica Corporation and Janssen Products, LP —where the relators alleged that they violated the False Claims Act and federal Anti-Kickback Statute. 

Specifically, in United States ex rel Silver v. Omnicare, Inc. et al, No. 11-cv-1326 (NLH)(AMD) (D.N.J.), the relator alleged that defendant PharMerica violated the False Claims Act and Anti-Kickback Statute by offering kickbacks to certain nursing homes in exchange for the referral of their federally-insured business. In November 2023, after 13 years of hard-fought litigation, the parties reached an agreement to settle this case for $100 million.

In United States ex rel Penelow v. Janssen Products, LP, No. 12-7758 (ZNQ)(JBD) (D.N.J.), the relators alleged that Janssen violated the federal and state False Claims Acts by engaging in off label marketing of its two HIV drugs Prezista and Intelence. After 12 years of litigation, and a 6-week trial held in May/June 2024, the jury reached a verdict finding that Janssen violated the FCA, and finding that federal and state damages amount to over $150,000,000. With mandatory trebling of damages and civil penalties, the judgment could exceed $1 billion.

Mr. Fantini has considerable experience in notable consumer cases such as: In re TJX Companies Retail Security Breach Litigation, Master Docket No. 07-10162 (D. Mass) (class action brought on behalf of persons whose personal and financial data were compromised in the largest computer theft of personal data in history – settled for various benefits valued at over $200 million); In re Educational Testing Service Praxis Principles of Learning and Teaching: Grade 7-12 Litigation, MDL No. 1643 (E.D. La. 2006) (settlement of $11.1 million on behalf of persons who were incorrectly scored on a teachers’ licensing exam); Block v. McDonald’s Corporation, No: 01CH9137 (Cir. Ct. Of Cook County, Ill.) (settlement of $12.5 million where McDonald’s failed to disclose beef fat in french fries); Fitz, Inc. v. Ralph Wilson Plastics Co., No. 1-94-CV-06017 (D. N.J.) (claims-made settlement whereby fabricators fully recovered their losses resulting from defective contact adhesives); Parker v. American Isuzu Motors, Inc.; No: 3476 (CCP, Philadelphia County) (claims-made settlement whereby class members recovered $500 each for their economic damages caused by faulty brakes); Crawford v. Philadelphia Hotel Operating Co., No: 04030070 (CCP Phila. Cty. 2005) (claims-made settlement whereby persons with food poisoning recovered $1,500 each); Melfi v. The Coca-Cola Company (settlement reached in case involving alleged misleading advertising of Enviga drink); Vaughn v. L.A. Fitness International LLC, No. 10-cv-2326 (E.D. Pa.) (claims made settlement in class action relating to failure to cancel gym memberships and improper billing).

Notable security fraud cases in which Mr. Fantini was principally involved include: In re PSINet Securities Litigation, No: 00-1850-A (E.D. Va.) (settlement in excess of $17 million); Ahearn v. Credit Suisse First Boston, LLC, No: 03-10956 (D. Mass.) (settlement of $8 million); and In re Nesco Securities Litigation, 4:0l-CV-0827 (N.D. Okla.).

Mr. Fantini has represented the City of Chicago in an action against certain online travel companies, such as Expedia, Hotels.com, and others, for their alleged failure to pay hotel taxes. He also represented the City of Philadelphia in a similar matter.

Prior to joining the firm, Mr. Fantini was a litigation associate with Dechert LLP. At George Washington University Law School, he was a member of the Moot Court Board. From 2017 – 2021, Mr. Fantini was named a Pennsylvania Super Lawyer by Thomson Reuters.