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Anthony P. La Rocco

Administrative Partner (Newark)
+1.973.848.4014
Fax +1.973.848.4001

Mr. La Rocco is a partner in the Newark, New Jersey office of K&L Gates and focuses his active trial and counseling practice on a wide range of complex commercial and insurance coverage litigation, including unfair competition, contract disputes and health care and ERISA disputes. He is an “AV” rated lawyer – the highest available rating by Martindale-Hubbell for legal ability and professional ethics.

Currently, Mr. La Rocco leads a national health care team involved in significant reimbursement litigation matters on behalf of health care providers against various insurance companies’ health benefits plans and their third party administrators related to under-payment and non-payment of claims for a variety of covered medical testing procedures conducted across the United States.

Insurance Coverage: Mr. La Rocco exclusively represents corporate and individual policyholders and has recovered hundreds of millions of dollars from insurance companies involving claims pertaining to numerous types of policies and a variety of areas of insurance coverage, including significant provider-side health care reimbursement claims, property damage coverage for environmental site remediation, bodily injury and property damage for construction and manufacturing events, advertising injury, intellectual property coverage for trademark/unfair competition claims, and claims involving directors & officers and errors & omissions liability, among others. He has been retained as an expert witness/consultant in insurance matters and is a frequent speaker on insurance law topics. Mr. La Rocco has been listed in Best Lawyers in America in the area of Insurance Law (Dispute Resolution) since 2008.

Business Litigation: Mr. La Rocco’s commercial and business litigation experience includes antitrust (Sherman and Clayton Acts), trade secret misappropriation, trade libel and disparagement, software licensing litigation involving the Digital Millennium Copyright and Lanham Acts, lost profits, fraudulent conveyance, and corporate veil piercing. He was lead trial counsel in a groundbreaking antitrust jury verdict which was the first antitrust claim of its type to make it to trial and to a successful verdict since the plaintiffs in Eastman Kodak v. Image Technical Services in 1992. Mr. La Rocco has also defended companies and executives against online defamatory attacks by competitors, former employees and customers in connection with internet defamation, trade libel and unfair business practices litigation.

Health Care and ERISA Disputes: Mr. La Rocco’s health care and ERISA disputes experience includes representing health care providers in disputes with payer insurance companies, health benefits plans, and third party administrators. Mr. La Rocco also has substantial experience counseling health care providers by evaluating contracts with payers (network contracts and participation agreements), patients (assignments of benefits and ERISA rights), and internal procedures to ensure compliance with regulations and carrier guidelines.

Professional Background

Mr. La Rocco served as the Chair of the Insurance Law Department at one of New Jersey’s largest law firms prior to joining K&L Gates.

Achievements

Mr. La Rocco has been listed in Best Lawyers in America in the area of Insurance Law (Dispute Resolution) since 2008.

Professional/Civic Activities

Mr. La Rocco is a Knight in the Order of St. Gregory the Great and a member of The Association of Knights and Ladies of the Equestrian Order of the Holy Sepulchre of Jerusalem (Eastern Lieutenancy of the United States).

  • American Bar Association (Litigation Section, Insurance Coverage Litigation Committee)
  • National Diocesan Attorneys Association
  • New Jersey State Bar Association (Insurance Law Committee)

Speaking Engagements

Mr. La Rocco has presented numerous programs and continuing legal education seminars and written on commercial disputes and insurance coverage law topics, including the following selection of recent presentations and publications:

  • “The Rising Tide in Health Care Criminal Investigations,” K&L Gates Health Care Webinar Series, January 21, 2016.
  • “Emerging Issues in Health Care Litigation,” K&L Gates Health Care Webinar Series, November 18, 2015.
  • “An Ounce of Prevention is Worth a Pound of Cure: How Manufacturers Can Avoid Pitfalls in Contracts with Third Party Service Providers and Business Partners,” K&L Gates Webinar, June 17, 2015.
  • “Litigation and Trial Lessons Learned from Avaya v. Telecom Labs,” Association of Corporate Counsel - New Jersey Chapter CLE seminar, January 13, 2015.
  • “Commercial Litigation Concerns,” New Jersey Business interview, November 2014.
  • “Are You Protecting Your Intellectual Property or Illegally Restraining Competition? Lessons from Groundbreaking Avaya v. TLI Case,” Association of Corporate Counsel - New Jersey Chapter CLE seminar, June 4, 2014.
  • “NJ Avaya Ruling Reminds Us That Kodak Is Alive And Well,” Law360.com, May 19, 2014.
  • Kodak Lives: New Jersey Jury Finds Antitrust Violation in the Aftermarkets for Maintenance of Avaya Products,” K&L Gates Antitrust, Competition and Trade Regulation Alert, May 13, 2014.
  • “Bayonne Medical Center Wins Insurance Fraud Case Against New Jersey’s Largest Health Insurer,” K&L Gates Insurance Coverage/Health Care Alert, October 3, 2011.
  • "Navigating the Insurance Claims Handling Process: A Practical View With a Focus on D&O Insurance", presented to the New Jersey General Counsel's Group on D&O, March 13, 2008.
  • “Disaster Preparedness Insurance Coverage Considerations Relating to the National Standard on Disaster/Emergency Management & Business Continuity Programs recently recognized by Congress, endorsed by Dept. of Homeland Security, and promoted by 9/11 Comm.,” Insurance Coverage/Homeland Security Alert, July 2005.
  • “Catastrophic Construction Accidents: General Contractors Working in New Jersey Can Recover Consequential Damages From Subcontractors' General Liability Insurance Policies,” K&LNG Insurance Coverage Alert, December 2004.
  • “A Primer to Seeking Insurance Coverage For Certain High Exposure Intellectual Property and Business Tort Liabilities,” American Bar Association, Section of Business Law Spring Meeting, 1999.
  • “Do PIBS Puncture Learned Intermediary Doctrine?,” New Jersey Law Journal, August 9, 1993.
Antitrust and Competition
  • Representation of Continuant, Inc./Telecom Labs, Inc. (TLI), an independent provider of maintenance services for telephone equipment, in a groundbreaking $60 million antitrust jury verdict in the U.S. District Court for the District of New Jersey (Avaya Inc. v. Telecom Labs Inc. et al.). The case was the first antitrust claim of its type (single product aftermarket) to make it to trial and to a successful verdict since the plaintiffs in Eastman Kodak v. Image Technical Services tried their case to verdict in the aftermath of the Supreme Court’s first recognizing this type of claim in 1992. Eastman Kodak Company v. Image Technical Services, Inc., 504 U.S. 451 (1992). In a subsequent landmark ruling, the New Jersey federal court awarded TLI $2.6 million in prejudgment interest. This is the first time in history prejudgment interest has been awarded in an antitrust lawsuit brought under the federal statute.
Insurance Coverage Disputes and Counseling
  • Representation of a hospital system client in two major insurance fraud cases against New Jersey’s largest health insurer and another nationwide health insurer under the New Jersey Insurance Fraud Protection Act (IFPA), and prosecution of counterclaims against both insurers for substantial underpayments (out-of-network charges for medical services). The matter addressed whether the System’s open and published policy of waiving patient deductibles, coinsurance, and other patient cost sharing amounts was unlawful.
  • Representation of the real estate development arm of a private equity firm in successfully resolving multiple complex insurance coverage litigations involving a billion dollar mixed-use New York City construction project. The matter entailed the representation of several related entities in a multi-year litigation, which included a multiple-seven figure claim against a builders risk insurance policy.
General Commercial Litigation
  • Representation of a health care system in connection with the remediation of an outbreak of an infectious disease, addressing claims brought against the hospital for injuries allegedly sustained during the outbreak.
  • Representation of a real estate developer in challenging the city’s attempts to impose multi-million dollar tax liabilities in excess of agreed-upon limits under the New Jersey Long Term Tax Exemption Law.
  • Representation of a non-profit religious organization in all aspects of its legal needs, including litigation related to claims of childhood sexual abuse and other areas of significant, potential legal risk, as well as vendor, insurance and contractual negotiations.