N.L.R.B. v. INTERBAKE FOODS, LLC

No. 09-2245.

637 F.3d 492 (2011)

NATIONAL LABOR RELATIONS BOARD, Petitioner-Appellant, v. INTERBAKE FOODS, LLC, Respondent-Appellee.

United States Court of Appeals, Fourth Circuit.

Decided: February 22, 2011.


Attorney(s) appearing for the Case

ARGUED: Kevin Patrick Flanagan , National Labor Relations Board, Washington, D.C., for Appellant. Mark Keenan , McGuirewoods, LLP, Atlanta, Georgia, for Appellee. ON BRIEF: Ronald Meisburg , General Counsel, John E. Higgins, Jr. , Deputy General Counsel, John H. Ferguson , Associate General Counsel, Margery E. Lieber , Deputy Associate General Counsel, Eric G. Moskowitz , Assistant General Counsel, Nancy E. Kessler Platt , Supervisory Attorney, National Labor Relations Board, Washington, D.C., for Appellant. Brennan W. Bolt , McGuirewoods LLP, Atlanta, Georgia; Christopher M. Michalik , McGuirewoods LLP, Richmond, Virginia, for Appellee.

Affirmed in part and remanded in part for further proceedings by published opinion. Judge NIEMEYER wrote the opinion, in which Judge GREGORY and Senior Judge KEITH joined.


OPINION

NIEMEYER, Circuit Judge:

In connection with an administrative hearing before the National Labor Relations Board ("NLRB" or "Board") on charges of unfair labor practices against Interbake Foods, LLC, the Board issued a subpoena duces tecum to Interbake, requiring it to appear, to testify, and to produce a broad array of documents at the hearing. Interbake produced some documents and asserted attorney-client and attorney work-product privileges as...

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