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TENNENBAUM v. DELOITTE & TOUCHE

Nos. 94-56242, 94-56292.

77 F.3d 337 (1996)

Michael E. TENNENBAUM; Barry A. Porter; Marylyn Hoenemeyer; Robert C. Becker, Jr., et al., Plaintiffs-Appellees, v. DELOITTE & TOUCHE, Defendant-Appellee, and Thomas P. WILLIAMS, Chapter 7 Trustee, Appellant.

United States Court of Appeals, Ninth Circuit.

Decided February 29, 1996.

Attorney(s) appearing for the Case

Jeanne E. Irving, Hennigan, Mercer & Bennett, Los Angeles, California, for appellant.

Jeffery D. McFarland, Milbank, Tweed, Hadley & McCloy, Los Angeles, California, for plaintiffs-appellees Michael E. Tennenbaum, et al.

Cheryl D. Justice and Leanne J. Fisher, Gibson, Dunn & Crutcher, Los Angeles, California, for defendant-appellee Deloitte & Touche.

Before: POOLE, WIGGINS, and RYMER, Circuit Judges.

RYMER, Circuit Judge:

We must decide whether a promise by a holder of the attorney-client privilege to waive the privilege, contained in a written settlement agreement in one lawsuit, waives the holder's right to claim that privilege in a separate lawsuit, in the absence of the holder's disclosure of a privileged communication.

Thomas P. Williams, the Chapter 7 Bankruptcy Trustee for several related Glen Ivy corporate...

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