Equal Employment Opportunity Commission v. BDO USA, L.L.P.

CARL E. STEWART, Chief Judge:

IT IS ORDERED that our prior panel opinion, EEOC v. BDO USA, L.L.P., 856 F.3d 356 (5th Cir. 2017), is WITHDRAWN, and the following opinion is SUBSTITUTED therefor.

During the course of an employment discrimination investigation, the Equal Employment Opportunity Commission (“EEOC”) brought a subpoena enforcement action against BDO USA, L.L.P. (“BDO”) in federal district court. The EEOC sought production of information relating to the investigation and asserted that BDO’s privilege log failed to establish that the attorney-client privilege protected the company’s…