Attorney-Client Privilege at Risk in FCA Investigations of Healthcare Organizations
Protecting Confidential Information and Work Product, Avoiding Inadvertent Disclosure and Waiver
Recording of a 90-minute CLE webinar with Q&A
This CLE course will provide guidance to healthcare counsel for protecting the attorney-client privilege when responding to investigations arising under the False Claims Act (FCA). The panelists will offer their insights into the scope of applicable privileges, how such privileges can be inadvertently waived, and how to best protect these privileges.
- Privilege, work product and waiver—recent developments in the healthcare context
- Privilege issues in FCA investigations
- Halifax and its lessons
- Privilege and government investigations
- Upjohn issues and the Yates Memo
- Preserving the privilege
The panel will review these and other key issues:
- What approaches should healthcare organizations and their counsel implement to identify and protect privileged information?
- How can a healthcare organization maintain the confidentiality of sensitive information when conducting an internal investigation or during a government investigation?
- What are the key business and legal best practices for counsel and healthcare organizations to preserve the privilege?
Matthew M. Curley
Bass Berry & Sims
Mr. Curley represents clients in connection with internal and governmental investigations and related civil and... | Read More
Mr. Curley represents clients in connection with internal and governmental investigations and related civil and criminal proceedings, particularly within the healthcare industry. His counsels his clients facing inquiries and investigations by federal and state regulators and False Claims Act litigation. His perspective is informed by his prior experience as an Assistant U.S. Attorney with the U.S. Attorney's Office for the Middle District of Tennessee, where he served as Civil Chief and coordinated the Office's civil enforcement efforts in representing the United States and its agencies in healthcare fraud and abuse actions arising under the False Claims Act.Close
Eric S. Klein
Mr. Klein devotes his practice to representing clients in the healthcare sector with respect to corporate and... | Read More
Mr. Klein devotes his practice to representing clients in the healthcare sector with respect to corporate and regulatory issues, including hospitals, physician groups, long-term care facilities, continuing care retirement communities, ambulatory surgery centers, dental service organizations, hospice providers and home health agencies. In particular, Mr. Klein counsels such clients on compliance and reimbursement issues as well as health facility and physician practice acquisitions and other changes of ownership, including related licensure and Medicare/Medicaid certification matters.Close
Assistant General Counsel
Ms. Wisner specializes in corporate healthcare issues, including Stark and corporate integrity and compliance. She... | Read More
Ms. Wisner specializes in corporate healthcare issues, including Stark and corporate integrity and compliance. She served six years on the board of the American Health Lawyers Association. Ms. Wisner is an adjunct professor of health law at the University of Detroit Mercy and served as vice president and general counsel for Detroit Medical Center.Close