When privileged or work product information is exchanged between the relator (the original private plaintiff) and the government in an action brought under the False Claims Act, 31 U.S.C. § 3729 ff., neither privilege nor work product is waived — at least if the material is exchanged prior to a decision by the government to decline to prosecute the action — because the common interest exception applies. Akin, Gum, Strauss, Hauer & Feld LLP v. United States, 503 F.Supp.2d 373 (D.D.C. 2007) (‛When information is shared between the relator and the United States, the attorney-client and work product privileges are not waived because any communications are conducted in furtherance of joint prosecution and on the basis o common interests“ (citation omitted)).
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