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WESTINGHOUSE v. REPUBLIC OF THE PHILIPPINES

No. 90-5920.

951 F.2d 1414 (1991)

WESTINGHOUSE ELECTRIC CORPORATION; and Westinghouse International Projects Company, Petitioners, v. The REPUBLIC OF THE PHILIPPINES; and National Power Corporation, Respondents, and Honorable Dickinson R. Debevoise, United States District Judge, Nominal Respondent.

United States Court of Appeals, Third Circuit.

Decided December 19, 1991.

Attorney(s) appearing for the Case

Richard W. Clary (argued), David Boies, Cravath, Swaine & Moore, New York City, Raymond M. Tierney, Jr., William D. Sanders, Shanley & Fisher, P.C., Morristown, N.J., Jerome J. Shestack, Schnader, Harrison, Segal & Lewis, Philadelphia, Pa., Jonathan D. Schiller, Donovan, Leisure, Rogovin, Huge & Schiller, Washington, D.C., for petitioner.

David J. Cynamon (argued), Mark Augenblick, P.C., Ellen M. Jakovic, Shaw, Pittman, Potts & Trowbridge, Washington, D.C., Paul A. Rowe, Alan S. Naar, Greenbaum, Rowe, Smith, Ravin, Davis & Bergstein, Woodbridge, N.J., Reichler, Appelbaum & Wippman, Clifford & Warnke, Washington, D.C., for respondent.

Before BECKER, HUTCHINSON, Circuit Judges and ATKINS, District Judge.

OPINION OF THE COURT

BECKER, Circuit Judge.

This petition for a writ of mandamus requires us to resolve an important issue that has divided the circuits: whether a party that discloses information protected by the attorney-client privilege and the work-product doctrine1 in order to cooperate with a government agency that is investigating it waives the privilege and the doctrine only as against the government, or waives them completely...

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