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Ethics: Privilege and E-Discovery in Practice during FCA-Related Internal and External Investigations

ACI’s 10th Advanced Forum on False Claims and Qui Tam Enforcement


The Westin New York Times Square
270 West 43rd St
New York, NY

Blank Rome partner Justin A. Chiarodo will serve as a speaker at the American Conference Institute’s (“ACI”) 10th Advanced Forum on False Claims and Qui Tam Enforcement, being held January 23 and 24, 2023, at the Westin New York Times Square in New York, New York.

Justin’s session, “Ethics: Privilege and E-Discovery in Practice during FCA-Related Internal and External Investigations,” will close out the conference on Tuesday, January 24, from 4:00 to 5:00 p.m. Session topics include:

  • Gaining clarity on the DOJ’s expectations with regard to privilege and e-discovery during FCA investigations
  • Examining the pros and cons of making conservative privilege decisions during investigations
  • Can you worsen your FCA liability by being either too conservative or too open?
  • Does the potential for relator involvement impact privilege considerations?
  • How do you build credibility with DOJ through e-discovery production while avoiding ethical privilege violations?
  • Assessing best practices for dealing with e-discovery and smart phones, Teams chats, share files, etc.
  • Have pandemic-era work practices changed communication format and/or regulator expectations for production?
  • Understanding how to assert privilege under the governing rules

ABOUT THE FORUM

Hundreds of millions of dollars in government recoveries. An anticipated blockbuster Supreme Court term. Potential Congressional legislation which could have broad implications for FCA enforcement. All of this, and more, has marked the False Claims Act landscape for 2022. By all accounts, the latest trends signal sustained and aggressive enforcement efforts by the government and qui tam relators alike.

Attendees will hear directly from government enforcers, cross-industry compliance and investigations counsel, and leading attorneys from the defense and relators’ bar about what to do to prepare for the next wave of FCA enforcement and stay out of the government’s crosshairs.

For more information and to register, please visit the event webpage