Legal Opinion
In Re Grand Jury Subpoenas 04-124-03 & 04-124-05
Court of Appeals for the Sixth Circuit
Decided July 13, 2006No. 05-2274, 05-2275PublishedCited by 49 opinions
1Opinion of the Court
OPINION
BOGGS, Chief Judge.
These two cases, filed under seal, present a legal question regarding the conduct of reviews of documents for privilege. 1 Specifically, we must determine who has the right to conduct a review for privilege of documents subject to a grand jury subpoena directed to a third party who possesses the documents but has not yet produced them to the government: the targets of the investigation whose rights of privilege are potentially implicated, or the federal government, operating a “taint team” behind a “Chinese wall” or protective screen.
These cases arise from events…
2Cases cited38 opinions
- Hickman v. TaylorSupreme Court of the United States · 1947
- Koon v. United StatesSupreme Court of the United States · 1996
- Upjohn Co. v. United StatesSupreme Court of the United States · 1981
- Kastigar v. United StatesSupreme Court of the United States · 1972
- Fisher v. United StatesSupreme Court of the United States · 1976
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3Cited by49 opinions
- United States v. WarshakCourt of Appeals for the Sixth Circuit · 2010
- Automated Solutions Corp. v. Paragon Data Systems, Inc.Court of Appeals for the Sixth Circuit · 2014
- In re: Search WarrantCourt of Appeals for the Fourth Circuit · 2019
- Invesco Institutional (N.A.), Inc. v. PaasDistrict Court, W.D. Kentucky · 2007
- United States v. Nicodemo ScarfoCourt of Appeals for the Third Circuit · 2022
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