IN RE GRAND JURY 16-3817 (16-4)

No. 17-4183.

In re: GRAND JURY 16-3817 (16-4) UNITED STATES OF AMERICA, Plaintiff-Appellee, v. UNDER SEAL 1, Intervenor-Appellant.

United States Court of Appeals, Fourth Circuit.

Decided: June 27, 2018.

Attorney(s) appearing for the Case

ARGUED: Peter John Romatowski , JONES DAY, Washington, D.C., for Appellant.

John Alexander Romano , UNITED STATES DEPARTMENT OF JUSTICE, Washington, D.C., for Appellee.

ON BRIEF: Karen P. Hewitt , San Diego, California, Meir Feder , New York, New York, Kerri L. Ruttenberg , Washington, D.C., Daniel E. Reidy , JONES DAY, Chicago, Illinois; David N. Kelley , DECHERT LLP, New York, New York; Brockton B. Bosson , CAHILL GORDON & REINDEL LLP, New York, New York, for Appellant.

Dana J. Boente , United States Attorney, Jamar K. Walker , Assistant United States Attorney, OFFICE OF THE UNITED STATES ATTORNEY, Alexandria, Virginia; Tarek Helou , Assistant Chief, Lorinda I. Laryea , Trial Attorney, Katherine A. Raut , Trial Attorney, Fraud Section , Kenneth A. Blanco , Acting Assistant Attorney General, Trevor N. McFadden , Deputy Assistant Attorney General, Criminal Division, Appellate Section, UNITED STATES DEPARTMENT OF JUSTICE, Washington, D.C., for Appellee.

Vacated and remanded by unpublished opinion. Chief Judge Gregory wrote the opinion, in which Judge Agee joined. Judge Niemeyer wrote a separate opinion concurring in the judgment.


Unpublished opinions are not binding precedent in this circuit.

Appellant corporation ("X Corp.")1 and the Government dispute whether a written agreement between them preserved X Corp.'s attorney-client privilege and work-product protection for information...


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