United States v. Wells Fargo Bank, N.A.

*559 OPINION AND ORDER

JESSE M. FURMAN, District Judge.

This case — a civil fraud case brought by the United States against Defendants Wells Fargo Bank, N.A. (“Wells Fargo” or the “Bank”) and Kurt Lofrano (together with the Bank, “Defendants”) — presents an issue of first impression within the Second Circuit: whether, or under what circumstances, an employee may pursue an advice-of-counsel defense where doing so requires disclosure of privileged communications and his employer owns the privilege and refuses to waive it. In a prior opinion, the Court held that Lofrano’s mere declaration of his…