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In Re County of Erie (Pritchard v. County of Erie), No. 07-5702-op (2nd Cir.) (546 F.3d 222) (October 14, 2008) (Judge Roger J. Miner)

Article • December 1, 2008 • from P&J December, 2008

Filed under: Punch And Jurists, Attorney/Client

In Re County of Erie (Pritchard v. County of Erie), No. 07-5702-op (2nd Cir.) (546 F.3d 222) (October 14, 2008) (Judge Roger J. Miner) by Following an order requiring the production of ten e-mail communications allegedly protected by the attorney-client privilege in a case involving a Fourth Amendment claim for …

U.S. v. Stein, No. 05 Crim. 0888 (LAK) (S.D.N.Y.) (463 F.Supp.2d 459) (December 4, 2006) (Judge Lewis A. Kaplan)

Article • December 1, 2006 • from P&J December, 2006

Filed under: Punch And Jurists, Attorney/Client

U.S. v. Stein, No. 05 Crim. 0888 (LAK) (S.D.N.Y.) (463 F.Supp.2d 459) (December 4, 2006) (Judge Lewis A. Kaplan) by Defendant was a partner at an accounting firm. She was questioned in the course of an IRS investigation by attorneys hired by the firm. The firm waived its attorney-client privilege …

U.S. v. Doe, No. 04-4136 (3rd Cir.) (429 F.3d 450) (November 23, 2005) (Judge Max Rosenn)

Article • December 1, 2005 • from P&J December, 2005

Filed under: Punch And Jurists, Crime Fraud Exception

U.S. v. Doe, No. 04-4136 (3rd Cir.) (429 F.3d 450) (November 23, 2005) (Judge Max Rosenn) by In this case, the Third Circuit reversed a ruling by Judge Bissell of the D.N.J. which granted a defense attorney’s motion to quash a grand jury subpoena on the grounds of the attorney-client …

Swidler & Berlin v. U.S., No. 97-1192 (U.S. Supreme Court) (524 U.S. 399; 118 S.Ct. 2081) (June 25, 1998) (Justice Rehnquist)

Article • August 3, 2005

Filed under: Punch And Jurists, Attorney/Client

Swidler & Berlin v. U.S., No. 97-1192 (U.S. Supreme Court) (524 U.S. 399; 118 S.Ct. 2081) (June 25, 1998) (Justice Rehnquist) by In this case, the Office of the Independent Counsel subpoenaed the notes of Vincent Foster's attorney. Independent counsel argued that since Foster had died, the attorney-client privilege should …

U.S. v. Austin, No. 04-10576 (9th Cir.) (416 F.3d 1016) (August 2, 2005) (Judge Warren J. Ferguson)

Article • August 1, 2005 • from P&J August, 2005

Filed under: Punch And Jurists, Joint Defense Agreement

U.S. v. Austin, No. 04-10576 (9th Cir.) (416 F.3d 1016) (August 2, 2005) (Judge Warren J. Ferguson) by Shortly after being indicted in this RICO case, the defendants entered into a court-approved, written Joint Defense Agreement (JDA) allowing them to conduct joint defense meetings and share information on a confidential …

In Re: Grand Jury Subpoena, No. 04-30508 (5th Cir.) (419 F.3d 329) (July 27, 2005) (Judge Harold R. Jr. DeMoss)

Article • July 1, 2005 • from P&J July, 2005

Filed under: Punch And Jurists, Crime Fraud Exception

In Re: Grand Jury Subpoena, No. 04-30508 (5th Cir.) (419 F.3d 329) (July 27, 2005) (Judge Harold R. Jr. DeMoss) by Here the Court granted the defendant's motion to quash a grand jury subpoena, seeking testimony from his former counsel, where the government did not make the prima facie showing …

In Re Grand Jury Proceedings # 5 Empanelled, No. 04-2168 (4th Cir.) (401 F.3d 247) (March 11, 2005) (Judge Roger L. Gregory)

Article • April 1, 2005 • from P&J April, 2005

Filed under: Punch And Jurists, Crime Fraud Exception

In Re Grand Jury Proceedings # 5 Empanelled, No. 04-2168 (4th Cir.) (401 F.3d 247) (March 11, 2005) (Judge Roger L. Gregory) by This case is noted for its extended discussion of the crime-fraud exception to the attorney/client privilege, and for its finding that the district court had abused its …

U.S. v. LeCroy, No. Crim. No. 04-370-7 (E.D.Pa.) (348 F.Supp.2d 375) (December 17, 2004) (Judge Michael M. Baylson)

Article • January 1, 2005 • from P&J January, 2005

Filed under: Punch And Jurists, Joint Defense Agreement

U.S. v. LeCroy, No. Crim. No. 04-370-7 (E.D.Pa.) (348 F.Supp.2d 375) (December 17, 2004) (Judge Michael M. Baylson) by The two defendants in this case, Charles LeCroy and Anthony Snell. were indicted for wire fraud after allegedly soliciting and obtaining from a lawyer (who was originally named a co-defendant but …

Upjohn Co. v. U.S., No. 79-886 (U.S. Supreme Court) (449 U.S. 383; 101 S.Ct. 677) (January 13, 1981) (Justice Rehnquist)

Article • September 21, 2003

Filed under: Punch And Jurists, Attorney/Client

Upjohn Co. v. U.S., No. 79-886 (U.S. Supreme Court) (449 U.S. 383; 101 S.Ct. 677) (January 13, 1981) (Justice Rehnquist) by In this case the Supreme Court granted certiorari to review a decision of the Sixth Circuit, which held that the attorney-client privilege did not apply to communications made by …

U.S. v. Nobles, No. 74-634 (U.S. Supreme Court) (422 U.S. 225; 95 S.Ct. 2160) (June 23, 1975) (Justice Powell)

Article • September 18, 2003

Filed under: Punch And Jurists, Attorney/Client

U.S. v. Nobles, No. 74-634 (U.S. Supreme Court) (422 U.S. 225; 95 S.Ct. 2160) (June 23, 1975) (Justice Powell) by Here the Court explained that the work product doctine, which is broader than the attorney-client privilege, is intended to shelter the mental processes of the attorney, providing a privileged area …

U.S. v. Almeida, No. 01-11553 (11th Cir.) (341 F.3d 1318) (August 18, 2003) (Judge Gerald B. Tjoflat)

Article • September 1, 2003 • from P&J September, 2003

Filed under: Punch And Jurists, Joint Defense Agreement

U.S. v. Almeida, No. 01-11553 (11th Cir.) (341 F.3d 1318) (August 18, 2003) (Judge Gerald B. Tjoflat) by Here the Court held that once a party to a joint defense agreement agrees to cooperate with the government and testify against co-defendants/co-conspirators, he waives any privilege he may have enjoyed as …

In Re: Grand Jury Subpoena, No. 03-1269 (4th Cir.) (341 F.3d 331) (August 19, 2003) (Judge William W. Jr. Wilkins)

Article • September 1, 2003 • from P&J September, 2003

Filed under: Punch And Jurists, Attorney/Client

In Re: Grand Jury Subpoena, No. 03-1269 (4th Cir.) (341 F.3d 331) (August 19, 2003) (Judge William W. Jr. Wilkins) by This case is noted as an example of how easy it is for the average person, untrained in the subtleties of the law, to waive valuable rights. The unnamed …

In Re Grand Jury Subpoenas Dated March 24, 2003, No. M11-189 (S.D.N.Y.) (265 F.Supp.2d 321) (June 2, 2003) (Judge Lewis A. Kaplan)

Article • August 1, 2003 • from P&J August, 2003

Filed under: Punch And Jurists, Attorney/Client

In Re Grand Jury Subpoenas Dated March 24, 2003, No. M11-189 (S.D.N.Y.) (265 F.Supp.2d 321) (June 2, 2003) (Judge Lewis A. Kaplan) by In this decision, Judge Kaplan examined what he called “the troublesome question whether and to what extent the attorney-client privilege and the protection afforded to work product …

U.S. v. Stepney, No. CR 01-0344 MHP (N.D.Cal.) (246 F.Supp.2d 1069) (February 11, 2003) (Judge Marilyn H. Patel)

Article • April 1, 2003 • from P&J April, 2003

Filed under: Punch And Jurists, Joint Defense Agreement

U.S. v. Stepney, No. CR 01-0344 MHP (N.D.Cal.) (246 F.Supp.2d 1069) (February 11, 2003) (Judge Marilyn H. Patel) by The nearly 30 defendants in this case were charged, in a series of three indictments, with over 70 substantive felony counts, relating to their alleged participation in a criminal enterprise street …

Hickman v. Taylor, No. 47 (U.S. Supreme Court) (329 U.S. 495; 67 S.Ct. 385) (January 13, 2047) (Justice Murphy)

Article • March 22, 2003

Filed under: Punch And Jurists, Attorney/Client

Hickman v. Taylor, No. 47 (U.S. Supreme Court) (329 U.S. 495; 67 S.Ct. 385) (January 13, 2047) (Justice Murphy) by Here the Court held that a communication between an attorney and a third party does not become shielded by the attorney-client privilege solely because the communication proves important to the …

U.S. v. Hatcher, No. 02-1308WM (8th Cir.) (323 F.3d 666) (March 24, 2003) (Judge Richard S. Arnold)

Article • March 1, 2003 • from P&J March, 2003

Filed under: Punch And Jurists, Attorney/Client

U.S. v. Hatcher, No. 02-1308WM (8th Cir.) (323 F.3d 666) (March 24, 2003) (Judge Richard S. Arnold) by Here the Court held that the district court had erred when it denied a defense motion to compel the BOP to produce tapes of some recorded conversations between cooperating co-conspirators and their …

U.S. v. Ruhbayan, No. CR. 202CR29 (E.D.Va.) (201 F.Supp.2d 682) (May 1, 2002) (Judge Rebecca Beach Smith)

Article • July 1, 2002 • from P&J July, 2002

Filed under: Punch And Jurists, Attorney/Client

U.S. v. Ruhbayan, No. CR. 202CR29 (E.D.Va.) (201 F.Supp.2d 682) (May 1, 2002) (Judge Rebecca Beach Smith) by Here the Court denied a motion to quash a subpoena served on the defendant's trial counsel at an earlier trial based on the attorney-client provilege on the grounds that the crime fraud …

U.S. v. Zolin, No. 88-40 (U.S. Supreme Court) (491 U.S. 554; 109 S.Ct. 2619) (June 21, 1989) (Justice Blackmun)

Article • January 3, 2002

Filed under: Punch And Jurists, Attorney/Client

U.S. v. Zolin, No. 88-40 (U.S. Supreme Court) (491 U.S. 554; 109 S.Ct. 2619) (June 21, 1989) (Justice Blackmun) by This case presents one of the Supreme Court's most detailed explanations of the purpose behind the attorney-client privilege and the reasons for the crime fraud exception. The Court made clear …

U.S. v. Gasparik, No. 00 CR 0650 SAS (S.D.N.Y.) (141 F.Supp.2d 361) (March 8, 2001) (Judge Shira A. Scheindlin)

Article • July 1, 2001 • from P&J July, 2001

Filed under: Punch And Jurists, Attorney/Client

U.S. v. Gasparik, No. 00 CR 0650 SAS (S.D.N.Y.) (141 F.Supp.2d 361) (March 8, 2001) (Judge Shira A. Scheindlin) by

In Re Grand Jury Proceedings, No. 99-6311 (2nd Cir.) (219 F.3d 175) (July 21, 2000) (Judge Wilfred Feinberg)

Article • August 1, 2000 • from P&J August, 2000

Filed under: Punch And Jurists, Attorney/Client

In Re Grand Jury Proceedings, No. 99-6311 (2nd Cir.) (219 F.3d 175) (July 21, 2000) (Judge Wilfred Feinberg) by In this case, Doe Corporation's founder, chairman, and controlling shareholder ["Witness"] was subpoenaed to testify before a grand jury and his testimony lasted for a full day. Despite the corporation's assertion …