US Judge Fines Kirkland, Skadden $2M For False Statements

• Kirkland & Ellis and Skadden, Arps, Slate, Meagher & Flom were collectively fined $2 million by a federal judge.
• The sanctions stem from accusations that the firms helped their client, eClinicalWorks, conceal records and make false statements.
• Two partners, Richard Bernardo (Skadden) and Geoffrey Wyatt (Kirkland), allegedly relied on an expert witness despite knowing his testimony was false.
• U.S. District Judge Marc Treadwell ordered the fine money to be used for ethics and professionalism instruction in Georgia's law schools.
• The client, eClinicalWorks, had previously faced sanctions for withholding evidence in a lawsuit alleging false claims for Medicare reimbursements.

The substantial penalty underscores the critical importance of attorney professional ethics and the severe consequences for legal professionals who knowingly or recklessly facilitate client misconduct or present false information to the court.

Two prominent legal powerhouses, Kirkland & Ellis and Skadden, Arps, Slate, Meagher & Flom, have agreed to pay a combined $2 million in sanctions following accusations of assisting a client in concealing records and making untruthful statements. The penalty was levied by U.S. District Judge Marc Treadwell of the Middle District of Georgia, who issued an order on Wednesday, September 4, 2026, detailing the firms' alleged misconduct.

The core of the accusation centers on the actions of specific partners from each firm. Judge Treadwell identified Skadden partner Richard Bernardo and Kirkland partner Geoffrey Wyatt as having repeatedly relied on an expert witness for their client, electronic health records vendor eClinicalWorks, despite possessing knowledge that the witness's testimony was false. This alleged conduct forms a significant part of the basis for the substantial financial penalty.

Neither Mr. Bernardo nor Mr. Wyatt responded to requests for comment from Reuters regarding the judge's findings. Similarly, spokespeople for both Kirkland & Ellis and Skadden, Arps, Slate, Meagher & Flom also declined to provide statements on the matter, leaving the judge's order as the primary public account of the events.

The sanctions against Kirkland & Ellis and Skadden Arps are rooted in their representation of eClinicalWorks in a broader lawsuit. This underlying case involved allegations that eClinicalWorks engaged in false claims, which purportedly enabled medical providers to secure larger Medicare reimbursements from the government than they would have legitimately qualified for. The litigation highlighted concerns about the integrity of the electronic health records vendor's practices.

During the course of the lawsuit, eClinicalWorks itself faced multiple sanctions from Judge Treadwell. These prior penalties were imposed due to the company's repeated failure to produce requested evidence, indicating a pattern of non-compliance within the litigation. Despite initially denying the claims brought against it, eClinicalWorks ultimately reached a settlement in the case, bringing an end to the protracted legal battle.

The substantial penalty underscores the critical importance of attorney professional ethics and the severe consequences for legal professionals who knowingly or recklessly facilitate client misconduct or present false information to the court. This Judge Marc Treadwell order sends a clear message about the responsibilities of legal counsel, particularly when dealing with expert testimony and discovery obligations. The case highlights the potential for significant financial and reputational damage when firms and individual attorneys are found to have compromised ethical standards.

In a forward-looking move, Judge Treadwell specified how the $2 million collected from the Kirkland Skadden $2M false statements fine will be utilized. The funds are earmarked to promote instruction on the vital subjects of ethics and professionalism within Georgia’s accredited law schools. This decision aims to reinforce foundational principles for future legal practitioners, emphasizing the need for integrity and accountability in the legal profession and serving as a direct response to the issues uncovered in this case.

This ruling underscores the severe financial and reputational risks for law firms and individual attorneys who knowingly or recklessly facilitate false client statements or expert testimony. Legal professionals should review their due diligence processes for client information and expert witness engagement to avoid similar ethical and professional liability exposures.

Source: Reporting based on Reuters coverage.