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Recent Court Order Reminds Firms To Review for Privilege—Or Face the Consequences

January 1, 2013

In an article recently published in The United States Law Week/Bloomberg BNA, Sutherland partner Brian Rubin and associate Jae Yoon analyze a recent court case where an investment adviser and its chief executive officer had waived the attorney-client privilege by producing to the Securities and Exchange Commission emails sent to and from their counsel without reviewing them. The SEC (and any third party) is now free to use those communications against the firm and its CEO. The article also sets forth measures that firms can take to prevent or lessen the likelihood of inadvertent production of privileged documents while still responding to the regulators in a timely manner.

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