Citing Evidence of Lying, Judge Says Attorney-Client Privilege May Be Pierced in Health Fraud Case

Business fraudIn this article posted in the Daily Report, author R. Robin McDonald covers the recent decision by U.S. District Senior Judge Charles Pannell Jr. to question current and former employees of DaVita,Inc., a national chain of dialysis clinics being sued by whistleblowers, about whether DaVita’s lawyers may have encouraged them to lie under oath.   The author reports Judge Pannell intends to permit the whistleblower lawyers to question witnesses about normally confidential conversations they had with lawyers defending DaVita Inc. as “allegations of wrongdoing are supported by evidence that those conversations may have taken place in furtherance of a crime.”  The author notes that after taking testimony from three DaVita witnesses regarding their communications with company lawyers before and after their depositions, Judge Pannell stated he would provide DaVita’s “defense team one last chance to convince him that attorney-client privilege should not be pierced.”

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