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U.S. v. BRITISH AMERICAN TOBACCO (INVEST.) LTD.

Nos. 04-5207 and 04-5208.

387 F.3d 884 (2004)

UNITED STATES of America, Appellee, v. BRITISH AMERICAN TOBACCO (INVESTMENTS) LTD., Appellant. Philip Morris USA Inc., et al., f/k/a Philip Morris Incorporated, Appellees.

United States Court of Appeals, District of Columbia Circuit.

Decided November 2, 2004.

Attorney(s) appearing for the Case

Jack McKay and Bruce G. Sheffler argued the causes for appellants British American Tobacco Australia Services, Ltd., and British American Tobacco (Investments) Ltd. With them on the briefs were Barry H. Gottfried, Alvin B. Dunn, and Philip A. Pfeffer.

Sharon Y. Eubanks, Director, U.S. Department of Justice, argued the cause for appellee the United States of America. With her on the brief were Peter D. Keisler, Assistant Attorney General, Stephen D. Brody, Deputy Director, Carolyn Clark, Senior Trial Attorney, Meredith L. Burrell, Patrick M. Klein, and Daniel K. Crane-Hirsch, Trial Attorneys.

Before: EDWARDS, RANDOLPH, and TATEL, Circuit Judges.

Opinion for the Court filed by Circuit Judge TATEL.

TATEL, Circuit Judge:

For the third time, we consider the district court's determination that one of the defendants in the United States' RICO action against cigarette companies waived its attorney-client privilege by failing to log a document sought in discovery. As we emphasized the last time around, "waiver of privilege is a serious sanction" that a court should impose only if a party behaves unreasonably...

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