Tag Archives: Fed. R. Evid. 501

Concurring Judge Urges Seventh Circuit to Revisit Spousal Testimonial Privilege as Applied to Co-Conspirators

In United States v. Diggs, No. 22-1502 (7th Cir. Sept. 5, 2023), a concurring judge in an opinion otherwise affirming a criminal conviction urges that the circuit revisit its stance on the spousal testimonial privilege as applied to alleged co-conspirators, holding that the standing circuit law was overruled by Trammel v. United States, 445 U.S.Continue reading “Concurring Judge Urges Seventh Circuit to Revisit Spousal Testimonial Privilege as Applied to Co-Conspirators”

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”