Strict ruling on privilege — for now

Trial Notebook

By Steven P. Garmisa

Hoey & Farina

Posted August 21, 2019 9:45 AM

Crystal Derrick’s motion to compel Roche Diagnostic to hand over attorney-client communications presented U.S. Magistrate Judge Jeffrey T. Gilbert with a question about waiver that has not yet been answered by the 7th U.S. Circuit Court of Appeals: What is the “federal common law standard” for deciding whether a litigant put attorney-client communications at-issue?Derrick contends Roche violated the False Claims Act with a scheme involving alleged violations of the Anti-Kickback Statute. According to …

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