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By Shari Allison

An indicted employee had a right to discover the results of an internal company investigation that the company had turned over to federal investigators (in the hope it would avoid indictment itself), even though the company had reserved its privilege in the materials when giving them to the government. Even if the company had a basis for believing its letters to federal investigators preserved work-product and attorney-client privilege in the documents, that expectation was unreasonable in light of the employee's right to discovery in the criminal case, the D.C. Circuit held. Because the employee had reason to believe the materials contained exculpatory material, the court remanded for the district court to determine which documents were material to the employee's defense...continue to full post

Full post as published by Tenth Circuit Blog on May 20, 2009 (boomark / email).