Legal Opinion

United States v. Stewart

District Court, S.D. New York

Decided October 20, 2003No. 03 Cr.717(MGC)PublishedCited by 17 opinions

1Opinion of the Court

OPINION

CEDARBAUM, District Judge.

By letter dated August 21, 2003, the Government requested an early determination of whether an e-mail that Martha Stewart sent to her attorney and then forwarded to her daughter is either attorney-client privileged or protected as attorney work product. After considering the submissions of various parties, I hold that the e-mail is protected work product, and that for the reasons stated below, Stewart did not waive its immunity by forwarding the document to her daughter.

Background

The following facts are drawn from the Indictment, a series of letters and…

2Cases cited22 opinions

  1. Hickman v. TaylorSupreme Court of the United States · 1947
  2. United States v. NoblesSupreme Court of the United States · 1975
  3. In Re Sealed CaseCourt of Appeals for the D.C. Circuit · 1982
  4. United States v. American Telephone & Telegraph Co.Court of Appeals for the D.C. Circuit · 1980
  5. United States v. Monroe Adlman, as Officer and Representative of Sequa CorporationCourt of Appeals for the Second Circuit · 1998

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3Cited by17 opinions

  1. In Re Asia Global Crossing, Ltd.United States Bankruptcy Court, S.D. New York · 2005
  2. Allied Irish Banks v. Bank of AmericaDistrict Court, S.D. New York · 2007
  3. Favors v. CuomoDistrict Court, E.D. New York · 2012
  4. Schanfield v. Sojitz Corp. of AmericaDistrict Court, S.D. New York · 2009
  5. United States v. GhavamiDistrict Court, S.D. New York · 2012

12 more not listed; retrieve them via the Exa API.

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