Fourth Circuit Rejects ‘Advice of Counsel’ Defense


Michael Peregrine and T. Reed Stephens wrote this bylined article on the implications of a Fourth Circuit ruling that upheld False Claims Act penalties against a South Carolina hospital because, among other reasons, it appeared to have been “opinion shopping” among outside counsel to justify its actions. “This ruling has implications beyond health care, to other industry sectors in which clients frequently seek multiple legal opinions to help them address technical legal issues,” the authors wrote.