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Ninth Circuit Announces Attorney Cannot Be Compelled to Provide ‘Privilege Log’ Protected Under Fisher if Doing So Would Undermine Client’s Fifth Amendment ‘Act-of-Production Privilege’ and Attorney-Client Privilege

by Sagi Schwartzberg

The U.S. Court of Appeals for the Ninth Circuit held that an attorney cannot be compelled to provide a “privilege log” to the Government relating to documents protected under the Fifth Amendment’s act-of-production privilege.

Background

During an investigation of an alleged tax evasion scheme, a grand jury ...

 

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