A federal judge in Macon has addressed a False Claims Act lawsuit involving eClinicalWorks and its lawyers over alleged vulnerabilities in the company's software.
Treadwell's ruling addressed the sanctions dispute. The judge addressed statements by Skadden partner Richard Bernardo and Kirkland partner Geoffrey Wyatt, finding that the attorneys made false representations concerning expert Oren Wortman and consulting work. Treadwell also ruled that Kirkland, Skadden, and eClinicalWorks made false representations about work performed by a cybersecurity firm the company had retained for litigation consulting and expert testimony.
A Pattern That Predates This Sanction
The eClinicalWorks case had already produced repeated discovery fights before this latest penalty. Court filings reviewed by CaseMine show eClinicalWorks had been sanctioned four separate times in the same lawsuit for discovery abuse and withholding evidence, including a motion concerning testing and discovery in October 2024 and a preliminary sanctions order in January 2026. The June 2026 court findings determined that eClinicalWorks and its defense attorneys attempted to cover up that expert witness Oren Wortman relied on work by Sygnia, which was referred to by the client code name “Eucalyptus” and had confirmed several of the whistleblowers' claims, per the same account.
That cover-up unraveled after a procedural turning point the month before. In May 2026, Treadwell ruled that eClinicalWorks had impliedly waived its attorney-client privilege after defense lawyers submitted sworn declarations asserting that key personnel and counsel had simply forgotten about extensive consulting work performed during the litigation. The court conducted an in-camera review of 28 withheld documents before concluding those defense assertions were contradicted by internal records, the CaseMine filings show.
The Whistleblowers Behind the Case
The underlying lawsuit, United States ex rel. Permenter v. eClinicalWorks LLC, was filed in 2018 in the Middle District of Georgia in Macon by three local IT specialists whose business serviced 198 healthcare providers across the district, according to Justia Law. The relators alleged that eClinicalWorks' software had vulnerabilities. The lawsuit concerned the software's use by medical providers.
eClinicalWorks and its defense lawyers were subject to Treadwell's sanctions order. Court filings from May 2026 addressed the relators' allegations, according to CaseMine.
Not eClinicalWorks' First Federal Fraud Fight
The linked material addresses False Claims Act allegations.
The underlying lawsuit is brought under the False Claims Act. The sanctions dispute is also described in the court materials.
Where the Money Goes
The case began with three IT consultants in Macon and involved two of the country's most prominent corporate defense firms.
Kirkland & Ellis, one of the two sanctioned firms, generated $10.56 billion in gross revenue in 2025, making it the highest-grossing law firm in the world, according to the Global Legal Post. Skadden Arps, Slate, Meagher & Flom is the other sanctioned firm. The Macon litigation centered on conduct before the court.
