In re Grand Jury Proceedings JOHN DOE CO., Respondent-Appellant,
v.
UNITED STATES of America, Movant-Appellee.
United States Court of Appeals, Second Circuit.https://leagle.com/images/logo.png
Argued: June 18, 2003.
Decided: October 30, 2003.
As Amended: November 25, 2003.
Attorney(s) appearing for the Case
John Doe Co., whose activities are being investigated by the grand jury, appeals from an order of the United States District Court for the Southern District of New York (Preska, J.), compelling production of certain subpoenaed documents withheld on grounds of attorney work-product privilege. The district court held that a letter given by Doe to the United States Attorney asserting Doe's innocent state of mind based in part on assurances received from law enforcement officials to the effect that its actions were legal caused a waiver of work-product privileges covering Doe's attorneys' notes of conversations with those officials. The Court of Appeals (Leval, J.) reverses, holding that Doe did not forfeit its privileges by delivering such a letter.
Joseph V. DeMarco, Assistant United States Attorney, for James B. Comey, United States Attorney for the Southern District of New York (Robert R. Strang, Gary Stein, Assistant United States Attorneys, on the brief), New York, N.Y., for movant-appellee.
Mark J. Hulkower, Steptoe & Johnson, LLP (Bruce C. Bishop, Brian M. Heberlig, on the briefs), Washington, D.C., for respondent-appellant.
Before: McLAUGHLIN, LEVAL, and KATZMANN, Circuit Judges.
United States Court of Appeals, Second Circuit.
LEVAL, Circuit J.
Respondent John Doe Co. ("Doe")1 appeals from an order of the United States District Court for the Southern District of New York (Preska, J.), granting in part the government's motion to compel production, pursuant to grand jury subpoena, of documents that Doe asserted to be privileged. The order was issued in the context of an ongoing grand jury investigation into whether Doe had committed violations of the United States...
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