Gregory R. Jones
Subscribe to Gregory R. Jones's PostsGregory (Greg) R. Jones focuses his practice on health care litigation, False Claims Act defense and class action defense. Greg has represented health care providers, hospitals and physician groups in lawsuits and arbitration matters involving a range of different disputes, including qui tam actions brought under the federal and state false claims acts, antitrust claims, unfair competition and other business torts. He has also represented companies in conjunction with investigations by various government agencies in a wide range of matters. In addition, Greg has experience representing claims in intellectual property matters. Read Gregory Jones' full bio.
Insuring Against Yates: The Impact on D&O Insurance
By Charles E. Weir and Gregory R. Jones on Jul 12, 2016
Posted In Attorney's Fees, Uncategorized
The Yates Memo has many landscape-changing implications for corporate investigations, including the need for enhanced Upjohn warnings and the potential suppression of joint-defense agreements between corporations and their constituents (officers, directors, employees, shareholders). This new terrain exists because in order to receive cooperation credit from the government, companies must investigate and disclose all facts about...
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Does Yates Sound The Death Knell For Joint Defense Agreements?
By Gregory R. Jones on May 12, 2016
Posted In Yates Memorandum
The revised cooperation credit rules issued by the US Department of Justice (DOJ) in September 2015 under the Yates Memo require companies to focus on individuals from the outset of an investigation and to disclose all facts about corporate wrongdoers to the government. This new landscape potentially pits the interests of the company against the...
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The Need for Enhanced Upjohn Warnings after Yates
By Gregory R. Jones on Feb 17, 2016
Posted In Yates Memorandum
The importance of the Upjohn (or corporate Miranda) warning once again has taken center stage in several pending high-profile cases, including the criminal prosecutions of former Penn State University president Graham Spanier and Retrophin, Inc. CEO Martin Shkreli. In both cases, the entities’ ability to disclose information revealed during privileged communications with those defendants (and...
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Insuring Against Yates: The Impact on D&O Insurance
By Charles E. Weir and Gregory R. Jones on Feb 14, 2016
Posted In Yates Memorandum
The Yates Memo has many landscape-changing implications for corporate investigations, including the need for enhanced Upjohn warnings and the potential suppression of joint-defense agreements between corporations and their constituents (officers, directors, employees, shareholders). This new terrain exists because in order to receive cooperation credit from the government, companies must investigate and disclose all facts about...
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Supreme Court Denies Cert on Whether Government Investigations Are a Public Disclosure
By Gregory R. Jones on Oct 8, 2015
Posted In Public Disclosure Bar
On October 2, 2015, the Supreme Court of the United States denied a petition for writ of certiorari in a case that sought to resolve an apparent circuit split concerning one of the most frequently litigated issues under the False Claims Act (FCA)—the circumstances in which the disclosure of allegations in a government audit or...
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D.C. Circuit Declines to Eviscerate Attorney-Client Privilege in Internal Investigations
By Gregory R. Jones on Aug 12, 2015
Posted In Other Notable Enforcement Actions, Uncategorized
On Tuesday, August 11, 2015, in United States ex rel. Barko v. Haliburton et al., the U.S. Court of Appeals for the D.C. Circuit issued an opinion vacating another series of rulings by the United States District Court for the District of Columbia that had required defendant Kellogg Brown & Root, Inc. (KBR) to produce...
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The Redrawing of Privilege Boundaries for Internal Investigations in the Barko/KBR Litigation
By Gregory R. Jones on Jun 26, 2015
Posted In Stark
INTRODUCTION Internal investigations serve a vital corporate function. In many situations, cloaking such investigations in the confidentiality of the attorney-client privilege is paramount. However, the applicability of the privilege to internal investigations is once again the subject of some uncertainty as a result of another series of rulings in United States ex rel. Barko v....
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