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S.E.C. v. LAVIN

No. 96-5286.

111 F.3d 921 (1997)

SECURITIES AND EXCHANGE COMMISSION, Appellee v. Jack LAVIN and Robin Lavin, Appellants

United States Court of Appeals, District of Columbia Circuit.

Decided May 2, 1997.

Attorney(s) appearing for the Case

Bruce Birenboim, New York City, argued the cause for appellants, with whom Leslie Gordon Fagen and William C. Silverman were on the briefs.

Ross A. Albert, Special Counsel, Securities and Exchange Commission, Baltimore, MD, argued the cause for appellee, with whom Paul Gonson, Solicitor, Richard H. Walker, General Counsel, and Eric Summergrad, Principal Assistant General Counsel, were on the brief. Jacob H. Stillman, Associate General Counsel, Washington, DC, entered an appearance.

Before: WALD, GINSBURG and ROGERS, Circuit Judges.

Opinion for the Court filed by Circuit Judge ROGERS.

ROGERS, Circuit Judge.

Appellants Jack and Robin Lavin appeal from an order enforcing a subpoena for seven taped telephone conversations that they maintain are protected from disclosure by the privilege for confidential marital communications. The district court rejected the Lavins' claim of privilege, finding that their communications were not confidential and that, even if initially confidential, the Lavins...

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