Articles and Blogs

Advice of Counsel

The FCA, Advice of Counsel Defense and CMS Commentary Meets the Jury

[07/07/15]

Posted on July 7, 2015 in False Claims Act Defense

Written by: David B. Honig

A recent court decision had highlighted two issues on the cutting edge of health care and False Claims Act (“FCA”) law. Both address what happens in the transition from health care advice to health care litigation. The first is the application of the attorney client privilege and the advice of counsel defense. The second is... READ MORE

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Here Be Dragons – Regulatory Law and the Advice-of-Counsel Defense

[07/20/12]

Posted on July 20, 2012 in False Claims Act Defense, Litigation Analysis

Written by: David B. Honig

Federal regulations are an enormous morass of complex, confusing, and often contradictory rules. The 2009 Code of Federal Regulations was 163,333 pages in 226 individual books.  The 2010 Federal Register, which contains new regulations proposed rules, and presidential papers, contained an additional 81,305 pages.  Intended as a roadmap, providing guideposts and requirements for dealing... READ MORE

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