A federal judge in Newark, N.J., is deciding whether to order a health insurer to disclose privileged materials, finding its lawyers may have misled regulators and the court and allowed e-mail spoliation.

The evidence “sets forth a prima facie showing sufficient to warrant in camera review” of documents under the crime-fraud exception to the attorney-client and work-product privileges, U.S. District Judge Faith Hochberg held on May 5 in Wachtel/McCoy v. Health Net.

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