Tag Archives: subpoena

Proceed with Caution: Attorney-Client Privilege and Communications with Third-Party Consultants

In our modern economy, businesses regularly use all manner of third-party consultants for many different reasons, including cost, efficiency, and expertise.  Less regularly, communications between businesses and consultants are the subject of discovery motion practice in litigation.  Two recent decisions out of the Southern District of New York demonstrate why businesses that use third-party consultants … Continue Reading

Government Investigations: Don’t Forget About D&O Insurance When That Subpoena Arrives

This post was written by Mark S. Hersh and Paul E. Breene. Government investigations can be both time-consuming and hugely expensive. Earlier this year, the U.S. Department of Justice and the U.S. Department of Health and Human Services announced that its 2011 health care fraud prevention and enforcement efforts resulted in record-breaking recoveries totaling more … Continue Reading