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Home / Opinion Digest / Civil Practice / Civil Practice — Discovery – Deliberative Process Privilege – Anti-Kickback Statute – Scienter (access required)

Civil Practice — Discovery – Deliberative Process Privilege – Anti-Kickback Statute – Scienter (access required)

United States v. Berkeley Heartlab, Inc. (Lawyers Weekly No. 002-166-17, 15 pp.) (Richard Mark Gergel, J.) 9:14-cv-00230; D.S.C. Holding: When a federal agency invokes the deliberative process privilege in response to a discovery request, the privilege must be asserted by the “agency head” after “personal consideration.” In this case, the government may rely on Martha Talley, ...

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