U.S. Court of Appeals for the Tenth Circuit

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Tenth Circuit addresses attorney-client privilege and doctrine of limited waivers

June 19, 2006

The Tenth Circuit rejected Qwest’s effort to not disclose confidential information to private plaintiffs even though it had already submitted the materials to the SEC in the course of a federal investigation. Qwest argued that its disclosure to the federal government constituted a limited waiver. In its amicus brief, NCLC explained that, while it did not endorse the limited waiver as a solution to the Department of Justice’s practice of coercing the waiver of attorney client privilege, courts should imply a limited waiver so the Co.’s troubles are not compounded by the private plaintiffs’ bar. NCLC had asked the court to reverse a lower court ruling that further erodes the attorney-client privilege between businesses and their legal counsel.

U.S. Chamber files amicus brief

March 13, 2006