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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 …

The New York Times Co. v. Gonzales, No. 04 Civ. 7677(RWS) (S.D.N.Y.) (382 F.Supp.2d 457) (February 24, 2005) (Judge Robert W. Sweet)

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

Filed under: Punch And Jurists, Press/Reporter's Privilege

The New York Times Co. v. Gonzales, No. 04 Civ. 7677(RWS) (S.D.N.Y.) (382 F.Supp.2d 457) (February 24, 2005) (Judge Robert W. Sweet) by This case is noted for Judge Sweet’s masterly and comprehensive analysis of the history, development and current status of the reporter’s privilege under the First Amendment; and …

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. Montgomery, No. 03-30269 (9th Cir.) (384 F.3d 1050) (September 15, 2004) (Judge Alfred T. Goodwin)

Article • November 1, 2004 • from P&J November, 2004

Filed under: Punch And Jurists, Marital Privilege

U.S. v. Montgomery, No. 03-30269 (9th Cir.) (384 F.3d 1050) (September 15, 2004) (Judge Alfred T. Goodwin) by In this decision, the Ninth Circuit presented a detailed analysis of the marital privilege; and it clarified two important principles regarding the use of that privilege. The defendant, James Montgomery (herein Mr. …

U.S. v. Stewart, No. 03 Cr. 717 (MGC) (S.D.N.Y.) (2003 U.S. Dist. LEXIS 23180) (December 29, 2003) (Judge Miriam Goldman Cedarbaum)

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

Filed under: Punch And Jurists, Work Product Privilege

U.S. v. Stewart, No. 03 Cr. 717 (MGC) (S.D.N.Y.) (2003 U.S. Dist. LEXIS 23180) (December 29, 2003) (Judge Miriam Goldman Cedarbaum) by Here the Court denied the Government's request for a subpoena for 11 categories of documents, holding that most of the requested documents were protected by the work product …

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 …

McKevitt v. Pallasch, No. 03-2753 (7th Cir.) (339 F.3d 530) (August 8, 2003) (Judge Richard A. Posner)

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

Filed under: Punch And Jurists, Press/Reporter's Privilege

McKevitt v. Pallasch, No. 03-2753 (7th Cir.) (339 F.3d 530) (August 8, 2003) (Judge Richard A. Posner) by In this case, the appellee, Michael McKevitt, was being prosecuted in Ireland for membership in a banned organization and for directing terrorism. He sought an order compelling the appellant journalists to produce …

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 …

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. Singleton, No. 99-14867 (11th Cir.) (260 F.3d 1295) (August 8, 2001) (Per Curiam)

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

Filed under: Punch And Jurists, Marital Privilege

U.S. v. Singleton, No. 99-14867 (11th Cir.) (260 F.3d 1295) (August 8, 2001) (Per Curiam) by

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

U.S. v. James, No. 99-390PWG (D.Md.) (128 F.Supp.2d 291) (January 18, 2001) (Judge Magistrate)

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

Filed under: Punch And Jurists, Marital Privilege

U.S. v. James, No. 99-390PWG (D.Md.) (128 F.Supp.2d 291) (January 18, 2001) (Judge Magistrate) by This case is noted for its review of the current parameters of the marital testimony privilege. The spousal privilege was both deep-seated and virtually absolute under the common law, but (as this case shows) it …

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 …

U.S. v. Yerardi, No. 99-1063 (1st Cir.) (192 F.3d 14) (September 21, 1999) (Judge Michael Boudin)

Article • November 1, 1999 • from P&J November, 1999

Filed under: Punch And Jurists, Marital Privilege

U.S. v. Yerardi, No. 99-1063 (1st Cir.) (192 F.3d 14) (September 21, 1999) (Judge Michael Boudin) by This appeal concerns the petitioner’s ability to assert the adverse spousal testimony privilege. Mr. Yerardi was indicted in the district court on 71 counts, including money laundering, extortion, witness intimidation, operating an illegal …