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IN RE GRAND JURY PROCEEDINGS

Docket No. 99-6311.

219 F.3d 175 (2000)

In re: GRAND JURY PROCEEDINGS United States of America, Appellee, v. John Doe, Defendant-Appellant.

United States Court of Appeals, Second Circuit.

Decided July 21, 2000.

Attorney(s) appearing for the Case

Mark J. Hulkower, Washington, D.C. (Steptoe & Johnson LLP, of counsel; Reid H. Weingarten, Bruce C. Bishop, on the brief), for appellant.

Alexandra A.E. Shapiro, New York, N.Y. (Mary Jo White, United States Attorney for the Southern District of New York, of counsel; Andrea L. Weiss, David D. Finn, on the brief), for appellee.

Before: FEINBERG, CARDAMONE, LEVAL, Circuit Judges.

FEINBERG, Circuit Judge:

This appeal raises significant questions of first impression in this court regarding application of the attorney-client and work-product privileges in the corporate context. The questions are (1) whether a corporate officer can impliedly waive the corporation's attorney-client and work-product privileges in his grand jury testimony, even though the corporation has explicitly refused such a waiver; and if the answer is yes, (2) what factors...

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