In Re: Grand Jury Proceedings United States of America v. John Doe

FEINBERG, Circuit Judge:

This appeal raises significant questions of first impression in this court regarding application of the attorney-client and work-product privileges in the corporate context. The questions are (1) whether a corporate officer can impliedly waive the corporation’s attorney-client and work-product privileges in his grand jury testimony, even though the corporation has explicitly refused .such a waiver; and if the answer is yes, (2) what factors a district court should consider in deciding whether a waiver has occurred. We hold there can be such a waiver, and discuss below…