In Harbor Healthcare System, L.P. v. United States, No. 19-20624 (5th Cir. July 26, 2021), a per curiam panel of the Fifth Circuit takes aim at the government’s “callous disregard” of the plaintiff’s attorney-client privilege, reversing the district court’s dismissal of the plaintiff’s action for pre-indictment return of its privileged documents. Harbor was the subjectContinue reading “Fifth Circuit Rebukes U.S. Attorney’s Office in Fed. R. Crim. P. 41(g) Action for Breaching Grand Jury Secrecy and Holding onto Documents Identified as Privileged”
Tag Archives: Attorney-Client Privilege
Ninth Circuit Holds That Attorney Work-Product Protection Is Waived Only When Documents Are Exposed to Adversaries, Not to Consultants or Other Third Parties
In United States v. Sanmina Corp., No. 18-17036 (9th Cir. Aug. 7, 2020), the Ninth Circuit considers whether two memoranda by a taxpayer’s in-house counsel must be turned over to the IRS. The Ninth Circuit affirms the district court’s finding that any attorney-client privilege was waived, and remands for further review of attorney work-product protectionContinue reading “Ninth Circuit Holds That Attorney Work-Product Protection Is Waived Only When Documents Are Exposed to Adversaries, Not to Consultants or Other Third Parties”
Threats Made By Client Against Judge During Attorney-Client Communications Not Covered By Federal Attorney-Client Privilege
In United States v. Ivers, No. 19-1563 (8th Cir. July 23, 2020), the Eighth Circuit affirms the conviction of a defendant who allegedly made threats of violence against a federal judge. Some of the testimony admitted by the prosecution was from two lawyers assigned to represent the defendant in an insurance case by a court-basedContinue reading “Threats Made By Client Against Judge During Attorney-Client Communications Not Covered By Federal Attorney-Client Privilege”
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