Barry Pollack Quoted Regarding Privilege Protections During Investigations in Global Investigations Review

"Judge slams companies' legal privilege arguments as 'subterfuge'"
Global Investigations Review
04.13.15Barry Pollack was quoted regarding limited U.S. work-product and privilege protections during internal investigations. A Wisconsin Magistrate Judge recently rejected the attempts of two laboratory services companies and their compliance auditor to block the U.S. Department of Justice from accessing information resulting from internal audits in connection with a health-care fraud investigation. This latest case serves as a reminder of the importance of actively involving external counsel in investigations. While the companies asserted that they were covered by the work-product doctrine, the judge rejected the claim because the outside counsel did not communicate with the auditors and supervise the compliance audit. The companies' failure to obtain any protections from the court over the audit documents stems from the fact that the law firm failed actively to participate in the review, Pollack said. "Making something look like attorney work product does not make it attorney work product."
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