21 Cited authorities

United States v. O'Hagan
521 U.S. 642 (1997) Cited 497 times 65 Legal Analyses
Holding that the Commission, in a nearly identical grant of authority, may regulate acts that are "not themselves fraudulent" if the restriction is "reasonably designed to prevent" fraud or deception
Bittaker v. Woodford
331 F.3d 715 (9th Cir. 2003) Cited 709 times 3 Legal Analyses
Holding that a waiver of attorney-client privilege for purposes of raising an ineffective-assistance-of-counsel claim does not extend to retrial, in part because "[e]xtending the waiver ... would immediately and perversely skew the second trial in the prosecution's favor"
In re Qwest Commc'ns Intern. Inc.
450 F.3d 1179 (10th Cir. 2006) Cited 242 times 3 Legal Analyses
Holding that a party waived work-product protection when it tuned over privileged documents to the Department of Justice and the Securities and Exchange Commission as part of the agencies' investigations into the party's business practices, and declining to recognize a selective waiver rule
In re Sealed Case
676 F.2d 793 (D.C. Cir. 1982) Cited 429 times
Finding waiver where a party offered “express assurances” that it had turned over all documents, when it had not actually done so
United States v. Am. Tel. & Tel. Co.
642 F.2d 1285 (D.C. Cir. 1980) Cited 401 times 1 Legal Analyses
Holding that an appeal should be permitted because the nonparty appellant "was not the object of the document demand and could therefore not possibly refuse disclosure and undergo a contempt citation as a means to appeal"
United States v. Ary
518 F.3d 775 (10th Cir. 2008) Cited 125 times
Holding that failure to timely assert attorney-client privilege constitutes waiver
U.S. v. Bergonzi
216 F.R.D. 487 (N.D. Cal. 2003) Cited 133 times 3 Legal Analyses
Holding that party asserting privilege "must make a prima facie showing" that privilege applies
Dellwood Farms, Inc. v. Cargill, Inc.
128 F.3d 1122 (7th Cir. 1997) Cited 130 times
Holding that "[c[ourts are somewhat less likely to find waiver in [a case of inadvertent disclosure]" but that "a privilege can be waived, and, once waived, is lost"
In re Subpoenas Duces Tecum
738 F.2d 1367 (D.C. Cir. 1984) Cited 123 times 1 Legal Analyses
Holding that party had "willingly sacrificed its attorney-client confidentiality by voluntarily disclosing" privileged material to the SEC
U.S. v. Stein
435 F. Supp. 2d 330 (S.D.N.Y. 2006) Cited 53 times 6 Legal Analyses
Finding that if accounting firm were to cease paying legal fees of former partners who were charged in a complex tax fraud prosecution, these defendants would be inhibited in presenting their defense, and relying on appointed or lower-cost counsel to marshal a comparable defense was “unrealistic”
Rule 37 - Failure to Make Disclosures or to Cooperate in Discovery; Sanctions
Fed. R. Civ. P. 37 Cited 47,073 times 326 Legal Analyses
Holding that a party may be barred from using a witness if it fails to disclose the witness

Securities And Exchange Commission v. Schroeder

21 Cited authorities

Holding that the Commission, in a nearly identical grant of authority, may regulate acts that are "not themselves fraudulent" if the restriction is "reasonably designed to prevent" fraud or deception

Holding that a waiver of attorney-client privilege for purposes of raising an ineffective-assistance-of-counsel claim does not extend to retrial, in part because "[e]xtending the waiver ... would immediately and perversely skew the second trial in the prosecution's favor"

Holding that a party waived work-product protection when it tuned over privileged documents to the Department of Justice and the Securities and Exchange Commission as part of the agencies' investigations into the party's business practices, and declining to recognize a selective waiver rule

Finding waiver where a party offered “express assurances” that it had turned over all documents, when it had not actually done so

Holding that an appeal should be permitted because the nonparty appellant "was not the object of the document demand and could therefore not possibly refuse disclosure and undergo a contempt citation as a means to appeal"

Holding that failure to timely assert attorney-client privilege constitutes waiver

Holding that party asserting privilege "must make a prima facie showing" that privilege applies

Holding that "[c[ourts are somewhat less likely to find waiver in [a case of inadvertent disclosure]" but that "a privilege can be waived, and, once waived, is lost"

Holding that party had "willingly sacrificed its attorney-client confidentiality by voluntarily disclosing" privileged material to the SEC

Holding that a party may be barred from using a witness if it fails to disclose the witness