Avoiding Legal Ethical Issues During a Government FCA or Healthcare Fraud Investigation

February 25, 2015 9:00am

Maureen A. Ruane
Partner & Chair, Health Care Litigation, Investigations & Compliance
Lowenstein Sandler LLP

Steven S. Michaels
Counsel
Debevoise & Plimpton LLP

David E. Dauenheimer
Assistant U.S. Attorney, Civil Health Care Fraud Coordinator
U.S. Attorney’s Office, District of New Jersey

Virginia A. Gibson
Partner
Hogan Lovells US LLP (Former Executive Assistant U.S. Attorney, Eastern District of Pennsylvania)

In this session, our expert faculty will go through the anatomy of a government healthcare investigation, flagging professional responsibility and ethical issues which may arise throughout the process and giving best practices on how to handle these often complicated situations based on analysis of the Model Rules and Advisory opinions. Topics to be discussed include:

  • Life under a microscope: determining what to preserve and what to offer in discovery based on the government’s subpoena
  • Avoiding obstruction charges
  • Understanding your duty of transparency and cooperation with the government
  • Making it clear from the outset who the client is when the company retains and/or pays for counsel
  • Working with the parameters of the “no contact” rules
  • Focus on qui tam cases: Maintaining the seal, flagging confidentiality issues, and preserving valid claims of privilege on internal company documents