Tag Archives: Attorney-client privilege

Sixth Circuit Grants Mandamus in FirstEnergy Discovery Dispute

An “an assortment of legal and regulatory actions” has spun off from the high-profile corruption prosecution and conviction of former Ohio House Speaker Larry Householder.  Back in 2016, the Ohio General Assembly passed legislation designed to bail out energy giant FirstEnergy from dire financial straits.  Speaker Householder accepted a hefty campaign bribe to see the … Continue Reading

Sixth Circuit Sheds Light on Appealability of Privilege Issues Post-Mohawk

The Sixth Circuit released its first opinion interpreting the impact of Mohawk Industries, Inc. v. Carpenter, — U.S. — , 130 S. Ct. 599, 175 L. Ed. 2d 458 (2009).pdf, on an interlocutory appeal from an order compelling production of attorney-client communications between a party and its former attorney.   Holt-Orsted v. City of Dickson, 641 F.3d 230 (2011).pdf, eliminates  certain pre-Mohawk exceptions to … Continue Reading

Attorney-Client Privilege Not Relevant to In-House Counsel’s Conviction for Tax Conspiracy

On July 19, 2011, the Sixth Circuit rejected the attempt of an in-house attorney to raise the issue of attorney-client privilege to reverse his conviction for conspiracy to defraud the United States.  For this and other reasons, in United States v. Fisher (6th Cir. 09-2460) (PDF), the Court affirmed the conviction of Edward Fisher, who … Continue Reading
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