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U.S. v. MASSACHUSETTS INSTITUTE OF TECHNOLOGY

Nos. 97-1287, 97-1382.

129 F.3d 681 (1997)

UNITED STATES of America, Petitioner-Appellee, Cross-Appellant, v. MASSACHUSETTS INSTITUTE OF TECHNOLOGY, Respondent-Appellant, Cross-Appellee.

United States Court of Appeals, First Circuit.

Decided November 25, 1997.

Attorney(s) appearing for the Case

Jeffrey Swope, Boston, MA, with whom Matthew P. Schaeffer and Palmer & Dodge LLP were on brief, for respondent.

Sara S. Holderness, Tax Division, Department of Justice, Washington, DC, with whom Loretta C. Argrett, Assistant Attorney General, Donald K. Stern, United States Attorney, and Charles E. Brookhart, Tax Division, Department of Justice, were on brief, for petitioner.

Before BOUDIN, Circuit Judge, HILL, Senior Circuit Judge, and POLLAK, Senior District Judge.

BOUDIN, Circuit Judge.

This case concerns an attempt by the Massachusetts Institute of Technology to assert the attorney-client privilege and work-product doctrine in response to a document request by the Internal Revenue Service. The most important issue presented is whether MIT's disclosure of certain of the documents to another government agency caused it to lose the privilege. The background facts are essentially undisputed.

MIT is a famous university...

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