Jeremy E. Abay, a partner at Lichten & Liss-Riordan P.C., represents whistleblowers, workers, consumers, and other plaintiffs in high-stakes litigation in state and federal courts.  His practice covers healthcare fraud (qui tam), wage litigation, and consumer fraud. He has obtained multimillion-dollar settlements for taxpayers, misclassified workers, and victims of consumer fraud.

 Mr. Abay has served as lead counsel in several groundbreaking cases alleging the misclassification of employees as independent contractors. In fact, he served as trial counsel in the first worker misclassification case against a gig-economy company to reach a federal jury trial. By obtaining precedential appellate court opinions, Mr. Abay has helped reshape the law towards protecting low wage workers.

Mr. Abay has also pioneered False Claims Act liability based on Medicare and Medicaid secondary payer violations. He brought the first qui tam case to successfully argue that an auto insurer could be liable under the False Claims Act for causing Medicare and Medicaid to pay claims before no-fault insurance. After the government declined to intervene, Mr. Abay reached a multimillion-dollar settlement with the auto insurer.

Mr. Abay has been recognized as a Pennsylvania Rising Star in Class Action Litigation by Super Lawyers. He is also a member of The Legal Intelligencer’s Young Lawyer Editorial Board. As a member of New Jersey’s District IV Ethics Committee, Mr. Abay is also responsible for investigating and prosecuting attorney ethics violations in Camden County. 

 Mr. Abay is also an adjunct professor at Rutgers Law School, where he teaches Whistleblower Advocacy and Deposition Advocacy. He has also guest lectured in the business torts seminar. Before his legal career, Mr. Abay worked at Johnson & Johnson and Barclay’s Capital, where he gained unique insight into corporate compliance programs.

 Mr. Abay earned his J.D. from Rutgers School of Law as a merit-based scholarship recipient. During law school, he served as research assistant to former Associate Dean Adam Scales, analyzing emerging trends in tort theory and insurance law. He received the Don F. D’Aqui Esquire Memorial Award at graduation for achieving the highest average in and displaying the greatest aptitude for tort law.

SAMPLE CASEWORK

Razak v. Uber Techs., Inc., 951 F.3d 137 (3d Cir. 2020) (ongoing representation of UberBLACK drivers for wage violations, leading to the first circuit court ruling that gig-economy drivers could be employees under the Fair Labor Standards Act).

Schofield v. Delilah’s Den of Philadelphia, Inc., No. 01-15-0003-4601 (AAA) (successfully argued for class treatment in arbitration, resulting in a $2 million settlement with a nightclub accused of misclassifying dancers as independent contractors).

Moon v. Breathless, 868 F.3d 209 (3d Cir. 2017) (successfully argued that an arbitration clause in an independent contractor agreement did not cover statutory wage claims).

United States ex rel. Negron v. Progressive Cas. Ins. Co., No. 14-577 (D.N.J.) (represented the whistleblower in the first case to impose FCA liability on an auto insurer for causing healthcare providers to bill Medicare and Medicaid as the primary payer, leading to a $2.4 million settlement).

United States ex rel. Joseph Perri v. Novartis Pharms. Corp., No. 15-6547 (D.N.J.) (represented former account director in whistleblower retaliation lawsuit claiming that pharmaceutical manufacturer had offered illegal discounts to PBMs to induce Medicare business).

United States ex rel. Mbabazi v. Walgreen Co., No. 19-219 (E.D. Pa.) (represented whistleblowers in qui tam action against a retail pharmacy that systematically billed Pennsylvania Medicaid without first investigating and utilizing other available insurance coverages).

United States ex rel. Jersey Strong Pediatrics, LLC v. Wanaque Convalescent Ctr., No. 14-6651, (D.N.J.) (represented whistleblower in qui tam action alleging that a skilled nursing facility systematically violated Medicaid regulations, resulting in a successful settlement).

Ashesh Shah, et al. v. New Jersey Transit Corp., et al., No. SOM-L-000135-23 (N.J. Superior Court) (ongoing representation of putative class action involving residents and businesses whose property was destroyed by flooding caused by a disabled NJ Transit train during Hurricane Ida).

Lopez-Negron v. Progressive Cas. Ins. Co., No. A-3590-17T2 (N.J. App. Div. 2019) (represented class of policyholders in first class action to allege that an auto insurer acted in bad faith by requiring the use of Medicare and Medicaid benefits before no-fault benefits, leading to a $3.7 million settlement).

In re: Taxicab Medallion Loan Case Management Program, (Phila. Cnty. C.C.P.) (after lenders called in hundreds of loans secured by taxi medallions, helped to persuade the court to create a diversion program, leading to the cancellation of over $6.5 million in disputed debt).

IntelliSystem, LLC v. McHenry, No. 19-1359 (E.D. Pa.) (After defeating RICO claims against a lawyer and medical device distributor, obtained an award of attorney’s fees and costs).

PUBLICATIONS

Unmasking the Power of the Anti-Fraud Injunction Statute, THE CHAMPION MAGAZINE, National Association of Criminal Defense Lawyers (2024).

Cigna’s Spin on High Court Ruling Ends with $172 Million Settlement, TURNING SQUARE CORNERS, Federal Bar Association Qui Tam Section (Winter 2024).

Simon Says Protect My Reputation: Understanding Pennsylvania’s Constitutional Right To Reputation, PENNSYLVANIA BAR ASSOCIATION QUARTERLY, Vol. XCIV, No. 2 (2023).

Let the Record Reflect, There Are No ‘Usual Stipulations’, LEGAL INTELLIGENCER (Feb. 22 2023).

SPEAKING ENGAGEMENTS

Reputation Rights and Grand Juries, PENNSYLVANIA ASSOCIATION OF CRIMINAL DEFENSE LAWYERS, 2023 WHITE COLLAR SEMINAR (Nov. 2023, upcoming).

The False Claims Act and Dealing with Whistleblowers, UNIVERSITY OF FLORIDA, LEVIN COLLEGE OF LAW (Aug. 2022).

The False Claims Act and Dealing with Whistleblowers, SETON HALL UNIVERSITY SCHOOL OF LAW, U.S. HEALTHCARE COMPLIANCE CERTIFICATE PROGRAM (June 2022).

Uber & Lyft: Where Are We Going, PENNSYLVANIA BAR INSTITUTE (Dec. 2017).

EDUCATION

Rutgers School of Law – Camden, J.D., 2013
Rutgers University – New Brunswick, B.A., 2009

BAR AND COURT ADMISSIONS

Member, State Bar of New Jersey, 2013
Member, State Bar of Pennsylvania, 2013
Member, State Bar of New York, 2019

Admitted to practice before the U.S. Supreme Court, the U.S. Court of Appeal for the Third Circuit, and the U.S. District Courts for the District of New Jersey, Eastern District of Pennsylvania, and Middle District of Pennsylvania.