Protecting Attorney-Client Privilege: Learn From Halifax

Law360, New York (February 4, 2013, 12:00 PM EST) -- The recent Halifax decision demonstrates that organizations need new resolve in order to protect emails with in-house counsel and the compliance department. In this discovery decision, a whistleblower, who had filed a False Claims Act action, obtained numerous emails from a hospital’s in-house counsel and compliance department regarding physician compensation that was alleged to violate federal Stark law. While this case arose in the health care context, its lessons extend to any organization in a heavily regulated industry, including banking and insurance, that hopes to protect...
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