In the News

Haynes and Boone in Law360: ETP Expected To Win More Than $500M In Pipeline Case

Texas judge is expected to award Energy Transfer Partners LP more than $500 million after the company won a jury finding that Enterprise Products Partners LP had breached a partnership agreement to build a crude oil pipeline, sources say. >>

Haynes and Boone in Law360: ETP, Enterprise Duel Over Final Word in $1B Pipeline Case

Energy Transfer Partners LP and Enterprise Products Partners LP are awaiting a Texas trial judge’s final ruling after arguing Friday over whether ETP can collect more than $1 billion on a jury verdict that found Enterprise breached their partnership intended to build a crude oil pipeline. >>



Recent Publications

Law360 Guest Article: Emerging Circ. Split Over Scope Of FCA First-To-File Bar

In a recent decision, the D.C. Circuit significantly expanded the scope of the False Claims Act’s first-to-file bar, while also pitting itself against a handful of circuit courts going the other way. >>

D.C. Circuit Creates Circuit Split by Holding FCA First-to-File Bar Applies Even When First Action is No Longer “Pending”

The D.C. Circuit recently expanded the scope of the False Claims Act’s first-to-file defense. See United States ex rel. Shea v. Cellco Partnership, __ F.3d __, 2014 WL 1294687 (D.C. Cir. April 11, 2014). >>

Fourth Circuit Affirms Dismissal of FCA Suit Alleging Regulatory Violations

The Fourth Circuit recently held that selling contaminated drugs in violation of FDA regulations does not give rise to False Claims Act liability where compliance with the regulations is not a condition of federal reimbursement. >>



Jeremy D. Kernodle

Partner

Dallas


2323 Victory Avenue
Suite 700
Dallas, Texas 75219
T +1 214.651.5159
F +1 214.200.0693

Areas of Practice

Education

  • J.D., Vanderbilt University Law School, 2001, Founder's Medal (for graduating first in class); Order of the Coif; Articles Editor, Vanderbilt Law Review; Morgan Prize for best student Note
  • B.A., Harding University, 1998, summa cum laude
  • B.B.A., Harding University, 1998

Bar Admissions

  • Texas, 2001
  • District of Columbia, 2002

Court Admissions

  • United States Supreme Court
  • Texas Supreme Court
  • U.S. Court of Appeals for the Third Circuit
  • U.S. Court of Appeals for the Fourth Circuit
  • U.S. Court of Appeals for the Fifth Circuit
  • U.S. Court of Appeals for the Ninth Circuit
  • U.S. Court of Federal Claims
  • U.S. District Court for the Northern District of Texas
  • U.S. District Court for the Southern District of Texas

Judicial Clerkships

The Honorable Gerald B. Tjoflat, U.S. Court of Appeals for the Eleventh Circuit
Jeremy D. Kernodle

Jeremy Kernodle is a litigator who focuses on government litigation and appeals. He has successfully litigated cases against various federal agencies, including bid protests in the U.S. Court of Federal Claims. His experience covers a range of substantive legal areas, including healthcare, False Claims Act claims, constitutional and administrative law, and government contract disputes.

Before joining Haynes and Boone, Jeremy served as an attorney-adviser in the Office of Legal Counsel at the U.S. Department of Justice, where he was among a small number of lawyers advising the White House and other senior Executive Branch officials on constitutional and other significant legal issues. He previously worked at Covington & Burling in Washington, D.C., and served as a law clerk to the Honorable Gerald B. Tjoflat of the U.S. Court of Appeals for the Eleventh Circuit.

A recognized leader, Jeremy is the Immediate Past-President of the Federal Bar Association, Dallas Chapter, and is the President of the local chapter of the Federalist Society. He was named a Rising Star in appellate litigation in Texas in 2010, 2011, 2012 and 2013, and a Leading Appellate Practitioner in the Fifth Circuit by Benchmark Litigation in 2011-2013.

Representative Matters 

  • Representing national diagnostics laboratory in False Claims Act litigation (ongoing).
  • Representing defense contractor in claim against the United States (ongoing).
  • Persuaded Fifth Circuit to affirm summary judgment dismissing stock option backdating case brought by the Securities and Exchange Commission (5th Cir. 2012).
  • Persuaded Fifth Circuit to affirm the dismissal of two lawsuits against Central American clients brought by American manufacturer Mars, Inc. (5th Cir. 2012).
  • Won summary dismissal of False Claims Act suit against defense contractor client. (N.D. Tex. 2012).
  • Advised health care provider in dispute against state-owned hospital system regarding multi-million dollar government contract.

Selected Publications / Speaking Engagements

  • "Recent Texas Supreme Court Cases that Impact Businesses," co-presenter, State Bar of Texas, San Antonio, TX (August 2014)
  • Co-author, "Emerging Circ. Split Over Scope of FCA First-To-File Bar," Law360 guest article (April 2014) 
  • Co-author, "Year in Review, False Claims Act, 2013" (January 2014)
  • Speaker, "Recent Developments in False Claims Act Litigation," Dallas Bar Association Health Law Section (January 2014)
  • Co-author with Odean Volker and Nicole Somerville, "Are You Afraid of the False Claims Act? You Should Be," Houston Business Journal (August 2013)
  • Panelist, "Advice & Tips for Practicing in the Northern District of Texas" (January 2012)
  • Panelist, "The Rise in Whistleblower Liability" (June 2011)

Professional Recognition

  • Named a Fifth Circuit Litigation Star in Texas in Benchmark Appellate (2012-2013)
  • Named a Leading Appellate Practitioner in the Fifth Circuit by Benchmark Litigation (2011)
  • Selected for inclusion in Texas Super Lawyers - Rising Stars Edition (2010-2014)

Professional Leadership

  • Federalist Society, Dallas Chapter, President (present)
  • Federal Bar Association, Dallas Chapter, President (2012-2013) 
  • Federal Bar Association, Government Contracts Section
  • Dallas Bar Association, Appellate Section
  • State Bar of Texas, Appellate Section
  • Bar Association of the Fifth Circuit
  • Patrick E. Higginbotham Inn of Court, Associate (2008)

Selected Representative Experience


False Claim & OCSLA Actions Against Major Oil Company (S.Dist. Tex. 2014)
Assumed a lead role in securing a final take-nothing summary judgment in a suit seeking $266 billion and an injunction to shut down a major oil company's offshore platform under the False Claims Act and the Outer Continental Shelf Lands Act, based on purported misrepresentations about the platform designs.

Defense of Pathology Laboratory in False Claims Act Litigation
Representation of pathology laboratory in False Claims Act qui tam in the Northern District of Texas involving allegations of improper billing and kickbacks.

Houston Unlimited Inc. Metal Processing v. Mel Acres Ranch, No. 13-0084 (Tex. 2013)
Submitted amicus curiae brief and presented oral argument on behalf of the Texas Oil & Gas Association in support of a petition for review dealing with the appropriate remedy for harm due to environmental contamination that is subsequently remediated to state agency standards.

Securities and Exchange Commission v. Bartek, 484 Fed. App'x 949 (5th Cir. 2012)
Defended client Douglas Bartek, the former chairman and CEO of Microtune, Inc. in a stock options backdating case in Federal District Court and the Fifth Circuit Court of Appeals.

ITL Int’l, Inc. v. Café Soluble, S.A. (5th Cir. 2012)
An American manufacturer sued an international firm client in district court in Mississippi, seeking a declaratory judgment that the parties’ distribution agreement had terminated, and an anti-suit injunction to prevent our client from suing the manufacturer in Latin America. Persuaded the Fifth Circuit to affirm the dismissal of the case on jurisdictional grounds.

Mars Inc., v. Constenla, S.A., 669 F.3d 493 (5th Cir. 2012)
In a case involving jurisdictional issues as to whether an American manufacturer can sue a foreign distributor in a U.S. court, persuaded the Fifth Circuit to affirm the dismissal of a lawsuit against a Costa Rican distributor brought by Mars, Inc. seeking damages and a foreign anti-suit injunction.

McMillan v. Richmond, 400 F. App’x 878 (5th Cir. 2010)
Persuaded the Fifth Circuit to reverse the dismissal of a pro se plaintiff’s Section 1983 civil rights claim.

Duncan v. NTFN Inc. and Morningside Property Co., No. 05-07-00430-CV (Tex. App. - Dallas Aug. 26, 2008, no pet. h.)
Won a complete victory for its clients, NTFN Inc. and Morningside Property Company, in an appeal of a summary judgment involving a real estate lien against company property. The Dallas Court of Appeals affirmed the summary judgment in our clients' favor and held that they were entitled to the full amount of their attorneys' fees.

Max Duncan Family Investments, Ltd. v. NTFN Inc., 267 S.W.3d 447 (Tex. App.-Dallas 2008, pet. denied)
In a case involving a real estate lien against company property, successfully defended a summary judgment on appeal and obtained a full award of attorneys’ fees.

In re Citigroup Global Markets, Inc., No. 08-0289 (Tex. May 13, 2008)
Obtained a favorable settlement after persuading the Texas Supreme Court to grant oral argument in this mandamus proceeding involving the application of a forum selection clause to a nonsignatory under the direct benefits estoppel doctrine.

Blockbuster Inc. v. C-Span Entertainment, Inc., 276 S.W.3d 482 (Tex. App. - Dallas 2008, pet. granted, judgm't vacated w.r.m.)
In a suit brought by a franchisee, obtained reversal of an adverse $8.5 million judgment and secured an award of $2.5 million for attorneys’ fees and costs.

United States ex rel. Abbott v. BP P.L.C., BP America, Inc., BP Exploration and Production, Inc.
Representation of BP in United States ex rel. Abbott v. BP P.L.C., BP America, Inc., BP Exploration and Production, Inc. (S.D. Tex.), a False Claims Act qui tam suit involving allegations of false certifications of compliance with regulations governing defendants’ offshore oil and gas leases in the Gulf of Mexico.

United States ex rel. Guzder v. MKM Engineers, Inc., et al.
Representation of an environmental and munitions consulting and remediation firm, in United States ex rel. Guzder v. MKM Engineers, Inc., et al. (S.D. Tex.), a False Claims Act qui tam suit involving allegations concerning eligibility to participate in the Small Business Administration’s 8(a) program.

SEC v. Microtune, 783 F. Supp.2d 867 (N.D. Tex. 2011)
In a stock option backdating case, won summary judgment and dismissal of all claims in action brought by the SEC against a former CEO.

Rockwall Commons Assocs., Ltd. v. MRC Mortgage Grantor Trust I, 331 S.W.3d 500 (Tex. App.-El Paso 2011)
Persuaded the El Paso Court of Appeals to affirm a multi-million dollar judgment in a commercial dispute involving the refinance of a $22 million construction loan.

Olsen v. Commission for Lawyer Discipline, 347 S.W.3d 876 (Tex. App.-Dallas 2011)
Persuaded the Dallas Court of Appeals to affirm a summary judgment on behalf of the State Bar of Texas disbarring an attorney for fraud and other misconduct and awarding the bar its attorneys' fees.

Online Publications

04/29/2014 - Law360 Guest Article: Emerging Circ. Split Over Scope Of FCA First-To-File Bar
In a recent decision, the D.C. Circuit significantly expanded the scope of the False Claims Act’s first-to-file bar, while also pitting itself against a handful of circuit courts going the other way.

04/17/2014 - D.C. Circuit Creates Circuit Split by Holding FCA First-to-File Bar Applies Even When First Action is No Longer “Pending”
The D.C. Circuit recently expanded the scope of the False Claims Act’s first-to-file defense. See United States ex rel. Shea v. Cellco Partnership, __ F.3d __, 2014 WL 1294687 (D.C. Cir. April 11, 2014).

03/04/2014 - Fourth Circuit Affirms Dismissal of FCA Suit Alleging Regulatory Violations
The Fourth Circuit recently held that selling contaminated drugs in violation of FDA regulations does not give rise to False Claims Act liability where compliance with the regulations is not a condition of federal reimbursement.

01/21/2014 - False Claims Act Year in Review 2013
This 2013 Haynes and Boone False Claims Act Year in Review highlights key FCA developments, including significant actions taken by the United States, notable FCA settlements, and important judicial decisions analyzing and applying the statute. Our Review also identifies several issues that are now pending at the U.S. Supreme Court.

11/05/2013 - Whistleblowing Lawyer Violated Ethical Obligations in Bringing False Claims Act Suit against Former Client, Second Circuit Holds
The Second Circuit recently affirmed the dismissal of a False Claims Act lawsuit brought by the former general counsel of a clinical laboratory because the counsel disclosed confidential information in violation of state ethics rules.

08/15/2013 - Houston Business Journal Guest Article: Are You Afraid of the False Claims Act? You Should Be
The False Claims Act (FCA) is a federal statute traditionally used to prosecute government contractors and health care providers for defrauding the government.

06/27/2013 - Recent Case Highlights Practical Considerations for Creating an Enforceable Teaming Agreement
Government contractors often use teaming agreements to combine the services of two or more contractors to offer the most persuasive bid for a government contract. The prime contractor typically agrees with the other team members that if the prime wins the bid, it will allocate some of the contractual work to the other member(s).

05/15/2013 - $39 Million Jury Verdict in False Claims Act Suit against Tuomey Healthcare
Last week, a federal jury in South Carolina found that Tuomey Healthcare System, Inc. violated the Stark Law and the False Claims Act by submitting false claims for reimbursement to the United States, resulting in $39 million in damages to the government.

03/27/2013 - Seventh Circuit Clarifies How to Treble Damages under the FCA
The Seventh Circuit recently reversed a $2.7 million damages award against a mortgage company accused of lying in applications for federal loan guarantees. See United States v. Anchor Mortg. Corp., 2013 WL 1150213 (7th Cir. Mar. 21, 2013).

03/04/2013 - Jury Awards $28 Million in False Claims Act Suit against Nursing Home
A federal court jury in Illinois found that nursing home operator Momence Meadows fraudulently billed Medicare and Medicaid for “worthless services” and falsely certified compliance with health care laws and regulations, resulting in $28 million in damages to the government.

02/28/2013 - Supreme Court Limits Government’s Ability to Seek Civil Penalties on Stale Claims
The United States Supreme Court yesterday significantly limited the federal government’s ability to bring an action for civil penalties more than five years after the alleged misconduct occurred.

12/05/2012 - Federal Judge Orders Disclosure of Emails with In-House Counsel in FCA Case
In light of a recent federal court order, companies – especially those at risk of False Claims Act suits – should revisit their protocol for handling communications with in-house counsel.

08/15/2012 - Fifth Circuit Holds SEC Claims Against Bartek Untimely
In Securities and Exchange Commission v. Bartek, the Fifth Circuit held that the federal “catch all” statute of limitations for government enforcement actions - 28 U.S.C. § 2462 - begins to run when the violation occurs, not when the government discovered the violation.

06/19/2012 - The Risk Of False Claims Act Liability Is Rising
The state of Georgia will soon join a growing number of jurisdictions enacting False Claims Act statutes with far-reaching implications. The “Georgia Taxpayer Protection False Claims Act” authorizes the state attorney general and private citizens to seek civil penalties and treble damages on behalf of the state and any local government that pays a false or fraudulent claim to any individual or entity.

12/21/2011 - DOJ Report Emphasizes Continued Growth of False Claims Act Cases
On Monday December 19, 2011, the Department of Justice announced year-end results for False Claims Act (“FCA”) cases in fiscal year 2011. The results demonstrate a dramatic increase in FCA cases brought by the government and private whistleblowers.

11/09/2011 - D.C. Circuit Dismisses Sallie Mae FCA Suit Based on First-to-File Rule
The United States Court of Appeals for the D.C. Circuit recently held that a complaint does not need to meet the heightened pleading standards for fraud claims in order to satisfy the first-to-file rule under the False Claims Act (“FCA”).

10/20/2011 - Supplementing a Bid Protest Record in a Post-Axiom World
Many practitioners believe that the Federal Circuit’s recent decision in Axiom Resource Mgmt., Inc. v. United States, 564 F.3d 1374 (Fed. Cir. 2009), greatly restricted the ability of courts to supplement an administrative record in a bid protest action. The court held in that case that “supplementation of the record should be limited to cases in which ‘the omission of extra-record evidence precludes effective judicial review.’”

06/30/2011 - Supreme Court Issues Two Significant Personal Jurisdiction Decisions
The United States Supreme Court recently issued two important opinions clarifying when a court may exercise personal jurisdiction over a foreign defendant.

05/23/2011 - Supreme Court Holds FOIA Responses Trigger FCA Public Disclosure Bar
The Supreme Court recently held that a federal agency’s response to a Freedom of Information Act (FOIA) request could bar a later False Claims Act case based on the information disclosed. In Schindler Elevator Corp. v. United States ex rel. Kirk, 563 U.S. __ (2011), the Court held that a response to a FOIA request is a “public disclosure” in an “administrative report” under the False Claims Act.

04/01/2011 - Limitations on the SEC: The Application of 28 U.S.C. § 2462 in SEC Proceedings
Although there is no express statute of limitations for lawsuits instituted by the SEC, numerous courts have held - and the SEC has acknowledged - that the federal “catch all” statute of limitations, 28 U.S.C. § 2462, applies to claims brought by the SEC.

07/20/2009 - The 2008 Term of the United States Supreme Court: The Decisions Most Important to the Business Community
The United States Supreme Court recently issued several significant decisions affecting businesses and the nature of business litigation in federal court. The most important of these decisions are summarized in this alert.

06/04/2009 - Invisible Ink: What You Didn’t Sign (Binding Non-Signatories to Arbitration Clauses, Jury Waivers, and Forum Selection Clauses)
Increasingly, sophisticated parties are agreeing to mandatory arbitration provisions, jury waivers, or forum selection clauses in order to control any future litigation. This paper gives an overview of how the Texas Supreme Court has addressed issues that arise, and attempts to predict how it might resolve similar questions in the future.