Demystifying Ethical E-Discovery and Privilege in FCA Internal and External Investigations

January 24, 2024 5:00pm

Lisa Podewils Korologos
Assistant United States Attorney, Criminal Division
USAO, Southern District of NY

Patrick McCarthy
Senior Vice President, Managing General Counsel
Fluor Mission Solutions

Mary Inman
Constantine Cannon LLP

Matthew J. Cannon
Greenberg Traurig, LLP
Former AUSA, USAO Central District of IL

  • Examining the pros and cons of making conservative privilege decisions during investigations and extrapolating the potential impact on litigation or settlement
    • Addressing the possibility of worsening your FCA liability by being either too conservative or too open
  • Untangling e-discovery and privilege when a relator is involved in the investigation
  • Strategizing how to build credibility with DOJ through e-discovery production while avoiding ethical privilege violations
  • Learning the tools and strategies for comprehensive e-discovery