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IN RE GRAND JURY

Nos. 21-55085 21-55145.

13 F.4th 710 (2021)

IN RE GRAND JURY.

United States Court of Appeals, Ninth Circuit.

Filed September 13, 2021.

Attorney(s) appearing for the Case

Thomas F. Carlucci (argued), Foley & Lardner LLP, San Francisco, California; Evan J. Davis (argued), Hochman Salkin Toscher Perez P.C., Beverly Hills, California; for Movants-Appellants.

Mark S. Determan (argued) and Joseph B. Syverson , Attorneys; S. Robert Lyons , Chief, Criminal Appeals & Tax Enforcement Policy Section; David A. Hubbert , Acting Assistant Attorney General; Tracy Wilkison , Acting United States Attorney; Tax Division, United States Department of Justice, Washington, D.C.; for Plaintiff-Appellee.

Before: Mary H. Murguia, Bridget S. Bade, and Kenneth K. Lee, Circuit Judges.

OPINION

Given our increasingly complex regulatory landscape, attorneys often wear dual hats, serving as both a lawyer and a trusted business advisor. Our court, however, has yet to articulate a consistent standard for determining when the attorney-client privilege applies to dual-purpose communications that implicate...

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