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U.S. v. STEWART

No. 03 Cr.717(MGC).

287 F.Supp.2d 461 (2003)

UNITED STATES of America, v. Martha STEWART and Peter Bacanovic, Defendants.

United States District Court, S.D. New York.

October 20, 2003.

Attorney(s) appearing for the Case

Rebecca A. Monck, John J. Tigue, Jr., Robert G. Morvillo, Morvillo, Abramowitz, Grand, Iason & SiberBerg, PC, New York City, for Martha Stewart.

Richard M. Strassberg, Goodwin Procter, LLA, New York City, David J. Apfel, Goodwin Procter, Boston, MA, for Peter Bacanovic.

Michael S. Schachter, Assistant U.S. Attorney, Mary Jo White, U.S. Attorney, Criminal Division, New York City, for United States.

OPINION

CEDARBAUM, District Judge.

By letter dated August 21, 2003, the Government requested an early determination of whether an e-mail that Martha Stewart sent to her attorney and then forwarded to her daughter is either attorney-client privileged or protected as attorney work product. After considering the submissions of various parties, I hold that the e-mail is protected work product, and that for the reasons stated below, Stewart did not waive...

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