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Attorney-Client Privilege and Grand Jury Investigations Addressed

By Shari Allison

In re Grand Jury Proceedings, Nos. 09-2062/09-2068 and 09-2209/09-2228, 2010 WL 3258616, (Court publishes two decisions previously issued under seal and now with redactions.) 09-2209/09-2228Appellee (a company?) was investigated for making misrepresentations on federal forms. Two GJ subpoenas were issued to an employee of appellee. Appellee moved to quash the subpoenas. 1) The Notice of Appeal by the government was timely filed where the district court did not definitively resolve issues until its second order, the government filed a motion for reconsideration, and the district court disposed of that order. The district court could properly extend the 30-day time limit for filing an NOA under FRAP 4(b)(4). 2) the district court erred by requiring certain documents be produced in camera so it could assess whether individual documents were relevant to the grand jury investigation...continue to full post

Full post as published by Tenth Circuit Blog on September 10, 2010 (boomark / email).