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Privilege Waivers Anti-Kickback Statute

K&L Gates LLP

Uncertain Privilege: Implied Waiver of the Attorney-Client Privilege in False Claims Act Litigation

K&L Gates LLP on

In a pending False Claims Act (“FCA”) case stemming from alleged violations of the physician self-referral law (the “Stark Law”), 42 U.S.C. § 1395nn, and the federal Anti-Kickback Statute (“AKS”), 42 U.S.C. §1320a-7b, the...more

Saul Ewing Arnstein & Lehr LLP

Words can come back to haunt you: Boilerplate pleading could lead to inadvertent waiver of attorney-client privilege

Recently, a federal district court in Georgia ruled that a defendant waived the attorney-client privilege in communications with counsel about the lawfulness of its conduct under the False Claims Act simply by pleading good...more

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