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Sunken Ships, Misstatements And The Crime-Fraud Exception

Publisher: Law360
October 27, 2015
Day Pitney Author(s) Daniel E. Wenner

Dan Wenner wrote an article, “Sunken Ships, Misstatements And The Crime-Fraud Exception,” in Law360. The article analyzes a case in which the U.S. Court of Appeals for the First Circuit held that documents subpoenaed during a grand-jury investigation from a client’s former lawyer were not privileged because of the crime-fraud exception. The court further held that the former client was not entitled to an in camera review to determine on a document-by-document basis the applicability of the exception because no privilege log had been provided.

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