K&L Gates

International Top 30 position: 23
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Sending the privilege away: attorney-client emails in the corporate setting

In a pending False Claims Act case involving allegations of noncompliance with the federal physician self-referral law, 42 U.S.C. § 1395nn, the US District Court for the Middle District of Florida has issued a recent order denying the protection of attorney-client privilege. Without an in-depth analysis of the work-product doctrine, the Court found that no attorney-client or work product protection existed over emails involving in-house counsel and the finance  department, emails where an in-house attorney was only copied, or communications that did not exclusively seek legal advice.

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