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Expert Analysis

Disturbing Findings On Atty-Client Privilege In FCA Case

Law360, New York (December 3, 2012, 11:57 AM EST) -- Health care organizations should take careful note of a recent decision from a Florida federal district court that sharply limited the defendant hospital's ability to shield what it considered to be attorney-client privileged documents in a False Claims Act case. The ruling is particularly troubling in that it articulates a different standard for determining whether communications to and from in-house counsel, as opposed to outside counsel, are privileged, and applies the crime fraud exception to permit the discovery of privileged communications between in-house counsel and hospital finance executives....

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