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

CARL E. STEWART, Chief Judge:

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 withheld documents. The district court held that the log was sufficient and also granted BDO’s request for a protective order. For the reasons that follow, we VACATE…