Kirkland & Skadden Fined $2M for Covering False Testimony in Georgia Fraud Case
Kirkland & Ellis and Skadden, Arps fined $2 million total for facilitating false testimony in eClinicalWorks trial.
Why it matters: Law firms’ ethical lapses can lead to costly sanctions and reputational damage, increasing compliance risks and scrutiny from courts and regulators.
- Kirkland & Ellis and Skadden, Arps, Slate, Meagher & Flom each fined $1 million by Judge Marc Treadwell in a civil fraud case.
- Firms' attorneys relied on false expert testimony supporting client eClinicalWorks, previously sanctioned for evidence withholding.
- Judge ruled firms engaged in a "widespread, long-running cover-up" to mislead the court.
- Fines must be paid within 10 business days to fund ethics training at Georgia accredited law schools.
Kirkland & Ellis and Skadden, Arps, Slate, Meagher & Flom were each fined $1 million by U.S. District Judge Marc Treadwell in July 2023 for attorney misconduct tied to the civil fraud lawsuit against healthcare software vendor eClinicalWorks.
The judge found that attorneys Richard Bernardo (Skadden) and Geoffrey Wyatt (Kirkland) knowingly relied on false expert reports during litigation, which supported their client’s defense against accusations of submitting fraudulent electronic health record certifications.
Judge Treadwell described this misconduct as part of a "widespread, long-running cover-up" designed to mislead the court and obstruct truth-finding. The combined $2 million fine must be paid within 10 business days, with proceeds earmarked to fund ethics and professionalism instruction at accredited law schools in Georgia.
eClinicalWorks had previously been sanctioned for withholding evidence related to false claims that inflated Medicare reimbursements. The involvement of two top-tier law firms in facilitating false testimony sharply highlights growing judicial and regulatory scrutiny on law firms’ ethical obligations in client representations.
Legal analyst James Milazzo told Legal Newswire, “This significant sanction reflects the courts’ increasing intolerance for attorney complicity in fraudulent litigation tactics. Firms risk severe penalties and harm to their reputation when failing to enforce professional ethics.”
By the numbers:
- $2 million — total fine split equally between Kirkland & Ellis and Skadden, Arps
- 10 business days — deadline to pay imposed fines
- 2023 — year Judge Treadwell issued the sanctions
What's next: Firms are expected to comply with the payment deadline and enforce stricter internal compliance measures; ethics education funds will be distributed to Georgia law schools in coming months.