Speaking of Litigation Podcast

What General Counsel and Business Leaders Need to Know: Protected Health Information (PHI) in Discovery: PHI must be produced under specific protective orders and in line with both federal and state requirements. Some behavioral health documents require a court order before production, even with a protective order in place. Settlements and Kickback Risk: Settlements with a regulated health care party can raise Anti-Kickback Statute and Stark Law concerns, and a payment to a referral-source physician can be questioned if it overpays the physician to keep referrals coming. Third-party evaluations of settlement value have been used to avoid later improper-payment allegations. Corporate Practice of Medicine: In most states, corporations and hospitals cannot direct how doctors practice. A damage model relying on relationships that violate these rules or other state-law structural issues can fail and create unintended consequences in public filings. In this episode of Speaking of Litigation®, Epstein Becker Green attorneys Jonathan Brollier, Charles E. Weir, and Megan Thibert-Ind discuss regulatory and business issues unique to the health care industry that can affect how cases are litigated and resolved. - Visit our site for related resources and email contact information: https://www.ebglaw.com/split26. Subscribe for email notifications: https://www.ebglaw.com/subscribe. Visit https://www.speakingoflitigation.com/. - Epstein Becker Green is a national law firm focused on health care and life sciences; employment, labor, and workforce management; and litigation and business disputes. This video is for informational purposes only and does not constitute legal advice. Viewing this video does not create an attorney-client relationship. SPEAKING OF LITIGATION® is a registered trademark of Epstein Becker & Green, P.C. © Epstein Becker & Green, P.C. All Rights Reserved. Attorney Advertising.

What General Counsel and Business Leaders Need to Know: Open-Source AI Puts Privilege at Risk: Communications with open-source artificial intelligence (AI) platforms lack the attorney involvement and confidentiality that privilege requires. Courts are ordering the disclosure of both prompts and outputs when these elements aren't satisfied, as the exchanges are with non-attorney third parties rather than counsel.  AI Creates a False Sense of Confidentiality: While AI interfaces may appear closed to the company's own system, information typed into open platforms is used to train the AI itself, creating a false sense of confidentiality. Unsupervised employee use is a big risk.  Early Counsel Involvement Is Essential: Counsel should supervise and direct the use of AI tools, and closed or enterprise-level systems should be deployed instead of open platforms. In-house counsel's early involvement is vital to establishing privilege protection when disputes are reasonably foreseeable, since attempting to claim privilege after information is already created is ineffective. In this episode of Speaking of Litigation®, Epstein Becker Green attorneys Gianna Costello, Daniel J. Dwyer, and Adam Paine analyze how courts are applying the traditional attorney-client privilege and work product doctrine to AI-generated materials and communications, and address the practical steps in-house counsel must take when employees are using AI in litigation-related work. - Visit our site for related resources and email contact information: https://www.ebglaw.com/split25. Subscribe for email notifications: https://www.ebglaw.com/subscribe. Visit https://www.speakingoflitigation.com/. - Epstein Becker Green is a national law firm focused on health care and life sciences; employment, labor, and workforce management; and litigation and business disputes. This video is for informational purposes only and does not constitute legal advice. Viewing this video does not create an attorney-client relationship. SPEAKING OF LITIGATION® is a registered trademark of Epstein Becker & Green, P.C. © Epstein Becker & Green, P.C. All Rights Reserved. Attorney Advertising.

What General Counsel and Business Leaders Need to Know One National Standard: The U.S. Department of Justice's (DOJ's) Corporate Enforcement and Voluntary Self-Disclosure Policy (CEP) creates a national policy for how the DOJ may award companies cooperation credit for the voluntary self-disclosure of corporate misconduct in the criminal context. A 120-Day Clock: The CEP gives a company 120 days to self-report after a whistleblower's internal complaint, signaling that the DOJ may treat anything past roughly four months as untimely—far less time than most internal investigations take to finish. Disclosure as a Business Decision: A company's decision to self-disclose misconduct is no longer just a legal judgment call but a business-critical risk decision that can have real financial and reputational consequences. In this episode of Speaking of Litigation®, Epstein Becker Green attorneys Zachary S. Taylor, Melissa L. Jampol, and Elena M. Quattrone break down the DOJ's new CEP and what it means for how quickly companies must investigate, escalate, and decide whether to self-disclose potential misconduct. - Visit our site for related resources and email contact information: https://www.ebglaw.com/split24. Subscribe for email notifications: https://www.ebglaw.com/subscribe. Visit https://www.speakingoflitigation.com/. - Epstein Becker Green is a national law firm focused on health care and life sciences; employment, labor, and workforce management; and litigation and business disputes. This video is for informational purposes only and does not constitute legal advice. Viewing this video does not create an attorney-client relationship. SPEAKING OF LITIGATION® is a registered trademark of Epstein Becker & Green, P.C. © Epstein Becker & Green, P.C. All Rights Reserved. Attorney Advertising.

What General Counsel and Business Leaders Need to Know Early Action Is Everything: Whether you're owed money or need a supplier to survive, proactive conversations with legal and financial advisors dramatically expand your options before problems become crises. Know Your Toolkit: From security interests and guarantees to debtor-in-possession financing and critical vendor programs, knowing which tools apply and when depends entirely on whether a distressed party is pre-bankruptcy or already in a proceeding. Legal Strategy Can Only Take You So Far: Deciding whether to keep doing business, renegotiate terms, extend credit, or walk away entirely comes down to business judgment and open communication with your counterparty—no legal strategy can replace either. In this episode of Speaking of Litigation, Epstein Becker Green attorneys Ryan Cochran, Wendy Marcari, and Bob Mendes discuss strategies healthy companies can implement when they find themselves doing business with a financially distressed or insolvent partner—whether that's a slow-paying customer, a critical supplier, or a struggling tenant. - Visit our site for related resources and email contact information: https://www.ebglaw.com/split23. Subscribe for email notifications: https://www.ebglaw.com/subscribe. Visit http://speakingoflitigation.com. - Epstein Becker Green is a national law firm that focuses its resources on health care, life sciences, and workforce management solutions, coupled with powerful litigation strategies. This video is for informational purposes only and does not constitute legal advice. Viewing this video does not create an attorney-client relationship. SPEAKING OF LITIGATION® is a registered trademark of Epstein Becker & Green, P.C. © Epstein Becker & Green, P.C. All Rights Reserved. Attorney Advertising.

Key Takeaways: State Attorneys General (AGs) Are Stepping Up: With reduced federal enforcement staffing, state AGs are expanding their budgets, hiring former federal prosecutors, and taking the lead in health care fraud investigations. Medicaid Takes Center Stage: As federal enforcement focuses on Medicare, state Medicaid Fraud Control Units are prioritizing Medicaid fraud, creating a shift in enforcement focus and risk profiles for health care companies. Proactive Compliance Is Critical: Companies must prioritize internal complaint management, monitor their external reputation, and engage experienced local counsel to navigate the complexities of state and federal enforcement. In this episode of Speaking of Litigation, Epstein Becker Green attorneys Zachary Taylor, Sarah Hall, and Jeremy Avila discuss the implications for general counsel regarding the expansion of state-level health care enforcement and explore how companies can proactively manage risk in this evolving environment. Visit our site for related resources and email contact information: https://www.ebglaw.com/split22. Subscribe for email notifications: https://www.ebglaw.com/subscribe. Visit http://speakingoflitigation.com. - Epstein Becker Green is a national law firm that focuses its resources on health care, life sciences, and workforce management solutions, coupled with powerful litigation strategies. This video is for informational purposes only and does not constitute legal advice. Viewing this video does not create an attorney-client relationship. SPEAKING OF LITIGATION® is a registered trademark of Epstein Becker & Green, P.C. © Epstein Becker & Green, P.C. All Rights Reserved. Attorney Advertising.