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U.S. v. BERGONZI

No. 03-10511.

403 F.3d 1048 (2005)

UNITED STATES of America, Plaintiff-Appellee, McKesson Corporation, Intervenor-Appellant, v. Albert J. BERGONZI, Defendant, and Jay M. Lapine; Charles W. McCall, Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Filed April 1, 2005.

Attorney(s) appearing for the Case

Keith D. Krakaur, Skadden, Arps, Slate, Meagher & Flom, New York, NY, for the intervenor-appellant McKesson Corporation.

Tim Crudo, Assistant United States Attorney, San Francisco, CA, for the plaintiff-appellee United States of America.

William M. Goodman, Topel & Goodman, San Francisco, CA, for the defendant-appellee Jay M. Lapine.

Alex Oh, Paul, Weiss, Rifkind, Wharton & Garrison, New York, NY, for the defendant-appellee Charles W. McCall.

Edward C. Schweitzer, Jr., Washington, DC, for the amicus curiae The Securities and Exchange Commission, in support of intervenor-appellant McKesson Corporation.

James J. Farrell, Latham & Watkins, Los Angeles, CA, for the amicus curiae Securities Industry Association, in support of intervenor-appellant McKesson Corporation.

Before: BEEZER, W. FLETCHER and FISHER, Circuit Judges.

PER CURIAM:

Intervenor-appellant McKesson Corporation ("McKesson") brings this interlocutory appeal of a discovery disclosure order in a criminal case. The district court ordered the government to produce to defendants McCall and Lapine materials McKesson had provided to the government under a confidentiality agreement that acknowledged the government's right to use the materials in any criminal proceedings. McKesson argued, however, that as to others the materials...

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