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Company gave up attorney-client privilege, Ninth Circuit rules.

Publication: Trial
Publication Date: 01-MAY-04
Format: Online - approximately 697 words
Delivery: Immediate Online Access

Article Excerpt
"When a company handed over confidential documents to government investigators, it gave up its attorney-client and work-product privileges and must give the same documents to plaintiffs in a civil case, even though the government signed a confidentiality agreement, the Ninth Circuit has ruled. (McKesson HBOC, Inc. v. S. F. Super. Ct., 9 Cal. Rptr. 3d 812 (2004).)

The case goes back to 1999, when the medical-supply firm McKesson Corp. found out that its subsidiary HBO & Co. (HBOC) was recording revenues improperly. The same day it announced this discovery, McKesson was hit by several shareholder lawsuits.

Shortly after, the Securities and Exchange Commission...

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