News & Analysis as of

Attorney-Client Privilege Healthcare

Health Care Compliance Association (HCCA)

Supreme Court leaves open a major risk to internal corporate communications

It is commonplace for attorneys and compliance officers (particularly those who are also attorneys) to receive communications from clients that have more than one purpose. Take, for example, a doctor who calls a friend and...more

Sheppard Mullin Richter & Hampton LLP

Navigating Dual Purpose Communications After SCOTUS (Almost) Weighs in on Attorney-Client Privilege: 5 Practical Tips for...

Inside and outside healthcare counsel should know that the way they guide clients through legal and business issues may need to change based on a recent Ninth Circuit case governing the protections afforded to attorney-client...more

Epstein Becker & Green

DOJ Focuses on Individual Accountability: New Guidance for Corporate Investigations Places Pressure on Companies and Boards to Put...

Epstein Becker & Green on

On September 9, 2015, the Department of Justice (“DOJ”) issued new guidance on individual accountability for corporate wrongdoing. In the memorandum and an accompanying speech by the Deputy Attorney General Sally Q. Yates,...more

Ballard Spahr LLP

The 60 Day Rule — Identification and Knowing Avoidance

Ballard Spahr LLP on

On August 3, 2015, the United States District Court for the Southern District of New York issued an opinion and order in Kane v. Healthfirst, Inc., et al.[1] that provides the first judicial interpretation of the requirement...more

Saul Ewing Arnstein & Lehr LLP

Pennsylvania Court Decision Highlights Importance of Properly Invoking Attorney-Client Privilege

On June 5, 2015, the Superior Court of Pennsylvania held that a hospital, UPMC Presbyterian Shadyside (“UPMC”), was improperly ordered to produce information concerning a May 11, 2011 board meeting during which there was a...more

Bradley Arant Boult Cummings LLP

Washington State Supreme Court Limits Attorney-Client Privilege for Healthcare-Provider Corporations

In a major decision that affects healthcare-provider corporations, the Washington State Supreme Court significantly limited attorneys’ ability to engage in privileged conversations with the provider corporation’s employed...more

Bradley Arant Boult Cummings LLP

The False Claims Act and Healthcare Providers: Key Results from 2012 and Likely Trends for 2013

From the perspective of False Claims Act (FCA) results, 2012 was a decidedly mixed year for healthcare providers. The bad news was quite bad—increased FCA scrutiny by the Department of Justice (DOJ) led to $3 billion of...more

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