Craig Ball is a very close friend. Also, in the area of electronically stored information (“ESI”) and litigation, he is as good an expert as you can find, in the world. His critique of the President’s lawyers reminds us that blindly copying forms will not serve our clients. Preservation Letter to Controversial Author Craig’s “Ball […]Read more "Preservation Letters Require More than Just Copying a Form"
At least in the state of New York, the law where the courtroom sits determines the scope or existence of any privilege. Companies should not assume that courts in other locations will respect the privilege rules of their home state. They must also consider the privilege rules in locations where they may face litigation, rules […]Read more "Location of the Courtroom Determines Privilege Rules"
Baylor University was concerned that it was not in full compliance with federal law relating to complaints of sexual harassment and violence. Baylor also expected litigation. Baylor’s Board of Regents hired the Pepper Hamilton law firm to investigate Baylor’s procedures, policies and other “institutional response” aspects of Baylor’s compliance obligations. Baylor and Pepper Hamilton agreed […]Read more "Baylor Case: Public Statements Can Waive Privilege"
A physician did nothing to change billing practices, even after Medicare denied some of the physician’s remittance claims as a result of an audit. This and other evidence helped convict the physician of Medicare fraud. In U.S. v. Uzoaga, the government asserted that the physician knowingly allowed a third party to submit fraudulent bills on […]Read more "Ignore an Audit – Go to Jail"
Since 1979, Texas legislation has explicitly recognized an accountant-client privilege. A New York state court recently determined that it could order disclosure of any specific information subject to that privilege. The ruling in New York v. PricewaterhouseCoopers, issued October 26, 2016, suggests that judges have complete discretion to disregard the accountant-client privilege. New York Attorney […]Read more "New York Court Says Judges Can Eliminate the Accountant-Client Privilege Held by Texans"