Department lawyers ruled Monday the use of in-house lawyers must be balanced with “the risk of inadvertent disclosure of that information,” according to court filings. Hon. Richard Levie, chosen to oversee the litigation’s evidence-gathering process, said the risk of disclosure outweighed the insurers’ need for in-house lawyers to receive confidential information.
“This is so because information, once learned, is impossible to forget,” Hon. Levie wrote. He also said providing in-house access to the defendants’ lawyers creates an unfair advantage in the insurance market.
Lawyers argued access to the information would help them assist the insurers’ outside lawyers. However, the insurers’ lawyers filed a response Tuesday stating they will not fight Hon. Levie’s decision.
The DOJ challenged Hartford, Conn.-based Aetna’s acquisition of Louisville, Ky.-based Humana July 21 over antitrust concerns. The trial date is set for Dec. 5.
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