Protecting Privilege In FCA Cases From Start To Finish

By Daniel Chudd and Rachael Plymale (May 24, 2017, 11:59 AM EDT) -- The False Claims Act has been a hot area of litigation for years, and current statistics signal that this trend will not end any time soon. With lucrative rewards for whistleblowers and the possibility of treble damages and steep penalties, companies cannot risk failing to thoroughly investigate False Claims Act allegations. In doing so, however, companies should be wary of unintentionally waiving or failing to establish privilege. This article will address six of the most common privilege pitfalls companies should be aware of in addressing False Claims Act cases....

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