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, ranging from major hospital systems to medical device companies, 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. He also advises on public relations strategies associated with the in- or out-of-network status affecting the communities served by his health care provider clients.