This is an opposition brief to a medical malpractice defendant’s motion asking the court to allow defense counsel to hold ex parte meetings with subsequent treating physicians of the plaintiff, under the HIPAA statute. This is a favorite defense tactic in recruiting the plaintiff’s own physicians to serve as expert witnesses against the plaintiff’s case. In the opposition brief, we show that the defense argument that these ex parte meetings serve only to “level the playing field” does not hold water, and we discuss physician ethical requirements which argue against encouraging doctors to hold such meetings with their patients’ adversaries.