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- Have No Fear Fourth Circuit Confirms Contractors Shouldnt Fear Privilege Waivers When Making Mandatory Disclosures
Have No Fear: Fourth Circuit Confirms Contractors Shouldn’t Fear Privilege Waivers When Making Mandatory Disclosures
April 10, 2020, Covington Advisory
The Fourth Circuit recently rejected a trial court’s ruling that a contractor’s mandatory disclosure submission waived its attorney-client privilege over the underlying internal investigation. In re Fluor Intercontinental, Inc., No. 20-1241 (Mar. 25, 2020) (per curiam). The court granted Fluor’s mandamus petition and directed the district court to vacate its orders requiring Fluor to produce privileged information from its internal investigation relating to the subject matter of four statements in its mandatory disclosure submission. Id. at 1. In doing so, the Fourth Circuit confirmed that “Government contractors should not fear waiving attorney-client privilege” when making mandatory disclosures. It also curtailed an outlier ruling and provided reassurances to other corporations and individuals who routinely make similar disclosures and fact proffers to the government.
November 6, 2019, Covington Alert
On November 5, 2019 the Department of Justice (DOJ) announced the launch of the “Procurement Collusion Strike Force” (PCSF). The creation of the PCSF marks a significant development in the government procurement enforcement landscape. Creation of the PCSF prioritizes the DOJ’s focus on government procurement offenses. As part of that effort, DOJ has launched a ...
May 13, 2019, Law360
Michael Wagner spoke with Law360 about the Supreme Court’s ruling in Cochise Consultancy Inc. v. U.S., a case determining the statute of limitations in False Claim Act cases. Mr. Wagner says, "In theory, the Court's ruling could incentivize qui tam plaintiffs to wait years to bring their claims, in the hopes of allowing their potential recovery to increase. This ...