In re QWEST COMMUNICATIONS INTERNATIONAL INC., Securities Litigation, Petitioner.
New England Health Care Employees Pension Fund; Clifford Mosher; Tejindar Singh; Sat Pal Singh, Real-Parties-in-Interest, and
Association of Corporate Counsel; Chamber of Commerce of the United States of America, Amici Curiae.
United States Court of Appeals, Tenth Circuit.https://leagle.com/images/logo.png
June 19, 2006.
June 19, 2006.
Attorney(s) appearing for the Case
David R. Boyd, Boies, Schiller & Flexner, LLP, Washington, D.C., (Jonathan D. Schiller, Alfred P. Levitt, Kenneth F. Rossman IV, Boies, Schiller & Flexner, LLP, Washington, D.C.; Terrence C. Gill, Sherman & Howard LLC, Denver, CO, with him on the brief), for Petitioner.
Joseph D. Daley, Lerach Coughlin Stoia Geller Rudman & Robbins, LLP, San Diego, CA, (Eric Alan Isaacson, Michael J. Dowd, Spencer A. Burkholz, Thomas E. Egler, X. Jay Alvarez, Lerach Coughlin Stoia Geller Rudman & Robbins, LLP, San Diego, CA; Robert J. Dyer, III, Kip B. Shuman, Jeffrey A. Berens, Dyer & Shuman, LLP, Denver, CO, with him on the briefs), for Real-Parties-in-Interest.
William J. Leone, United States Attorney, Denver, CO; Catherine Y. Hancock, Michael S. Rabb, Appellate Staff, United States Department of Justice, Washington, D.C., on the brief for the United States Department of Justice.
Susan Hackett, Association of Corporate Counsel; Robin S. Conrad, Amar D. Sarwal, National Chamber Litigation Center, Inc.; W. Stephen Cannon, Todd Anderson, Jean Kim, Constantine Cannon, P.C., Washington, D.C., on the brief for Amici Curiae.
Before HENRY, MURPHY, and HARTZ, Circuit Judges.
United States Court of Appeals, Tenth Circuit.
MURPHY, Circuit Judge.
In this mandamus action, Qwest Communications International, Inc. (Qwest), presents an issue of first impression in this circuit, namely, whether Qwest waived the attorney-client privilege and work-product doctrine, as to third-party civil litigants, by releasing privileged materials to federal agencies in the course of the agencies' investigation of Qwest. Qwest urges us to adopt a rule of "selective waiver" or "limited waiver" which would...
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