IN RE KEEPER OF RECORDS (XYZ CORP.)

Nos. 03-1726, 03-1784.

348 F.3d 16 (2003)

In re KEEPER OF THE RECORDS (GRAND JURY SUBPOENA ADDRESSED TO XYZ CORPORATION). XYZ Corporation, Appellant, v. United States of America, Appellee.

United States Court of Appeals, First Circuit.

Decided October 22, 2003.


Attorney(s) appearing for the Case

William F. Lee, with whom Robert D. Keefe, Stephen A. Jonas, Mark D. Selwyn, Hale and Dorr LLP, Richard G. Taranto, and Farr & Taranto were on brief, for appellant.

James E. Arnold, Trial Attorney, United States Department of Justice, with whom Michael K. Loucks, Chief, Health Care Fraud Unit, and Michael J. Sullivan, United States Attorney, were on brief, for appellee.

Before SELYA, LIPEZ and HOWARD, Circuit Judges.


SELYA, Circuit Judge.

Although the attorney-client privilege may be the most venerable of the privileges for confidential communications, its accoutrements are not the most clearly delineated. These appeals, which require us to answer delicate questions concerning implied waivers of the privilege, bear witness to that point.

The appeals have their genesis in an investigatory subpoena duces tecum issued by a federal grand jury (we use the adjective "investigatory...

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