Main Justice and MCC Publish Akin Gump Article on 3rd Circ. Ruling on Crime-Fraud Exception to Attorney-Client Privilege

Main Justice and Metropolitan Corporate Counsel have published the article “Supreme Court Declines to Review 3rd Circuit Ruling; Crime-Fraud Exception to Attorney-Client Privilege Decision Persists,” which was written by several lawyers in Akin Gump’s litigation practice.

The article, based on an Akin Gump client alert, examines the Court’s decision not to review a ruling by the U.S. Court of Appeals for the 3rd Circuit in In Re: Jury Subpoena. That case, decided in February 2014, provides that a court “may infer a pre-existing intent to make a corrupt payment under the FCPA where the client notifies its attorney of an intent to make the payment, receives advice questioning the legality of that payment and then makes the payment notwithstanding that advice.”

The article proceeds to discuss why the Supreme Court’s action is important to companies and individuals, including those seeking to understand how to protect their privileged communications with counsel. The authors of the article are Akin Gump partner and Supreme Court and appellate practice co-head Pratik Shah, partners Paul Butler and Chuck Connolly, senior counsel Nicole Sprinzen and counsel Stanley Woodward Jr.

To read the original client alert, please click here.

Click here to view the article as it appeared in MCC.