News & Analysis as of

Document Productions False Claims Act (FCA)

Skadden, Arps, Slate, Meagher & Flom LLP

SEC v. RPM International — A Cautionary Case Study on the Limits of Attorney-Client Privilege and Work-Product Protection

While much of the corporate legal world has been focused on the effects of the COVID-19 pandemic, a little-noticed case working its way through the federal courts in Washington, D.C. threatens to whittle down the scope of...more

Baker Donelson

Recent Court Decision Shows Best Way to Handle Civil Investigative Demands

Baker Donelson on

The United States Department of Justice (DOJ) is authorized by the False Claims Act (FCA) to issue Civil Investigative Demands, commonly known as CIDs. 31 U.S.C. § 3733. The DOJ has made increasing use of CIDs to obtain...more

Jones Day

Strategic Budgeting Can Result in Early Resolution of False Claims Act Cases

Jones Day on

The Situation: False Claims Act ("FCA") cases are high-risk matters, given their potential to result in "company-busting judgments." The Strategy: The high stakes require defendants and their counsel to treat the budget...more

WilmerHale

Preserving the Corporate Privilege in Internal Investigations: DC Circuit Clarifies Scope of the Privilege in Important Series of...

WilmerHale on

For the second time in just over a year, the DC Circuit granted the extraordinary remedy of a writ of mandamus to protect a company’s assertion of privilege over materials relating to an internal investigation. In a...more

Snell & Wilmer

D.C. Circuit Weighs In Once Again in KBR Privilege Fight

Snell & Wilmer on

In the ongoing saga which has been the subject of a previous post on this blog, a three-judge panel of the D.C. Circuit Court of Appeals has once again found that the district court erred in ordering the production of the...more

Sheppard Mullin Richter & Hampton LLP

Implied Waiver of Privilege in Internal Investigations: Barko Court Compels Production of Internal Investigation Documents, Again

On November 20, 2014, the District Court for the District of Columbia once again ordered Kellogg, Brown and Root (“KBR”) to produce all documents prepared as part of an internal investigation.  The District Court’s decision...more

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

Patterson Belknap Webb & Tyler LLP

Appeals Court Confirms that Results of Internal Investigation are Privileged

On June 27, 2014, the United States Court of Appeals for the District of Columbia Circuit issued a decision in In re: Kellogg Brown & Root, Inc., an important ruling which confirms the application of the attorney-client...more

Baker Donelson

Four Tips for Responding to a Civil Investigative Demand: A Report from the Trenches

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Simply being served with a Civil Investigative Demand (CID) means enormous financial strain and reputational risk for some companies. On top of that, in this heightened regulatory environment, federal agencies seem to be...more

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