United States Second Circuit

If the documents sent to defendant by an auditing firm to secure legal advice were entitled to protection, such protection was lost when the auditor voluntarily authorized defendant to send the documents to a third party, here the SEC. These documents can be obtained by subpoenaing defendant even though defendant's client, the auditor, is located in the Netherlands.

Appellate Information

• Decided 12/30/2003
• Published 12/30/2003

Judges

• WESLEY, Circuit Judge:, Before:  NEWMAN, SOTOMAYOR, and WESLEY, Circuit Judges.

Court

• United States Second Circuit

Counsel

• For Appellant:
  
• Philip R. Schatz,Wrobel & Schatz LLP, New York, NY, for Plaintiffs-Appellants.


• For Appellees:
  
• Jerome G. Snider, Davis, Polk & Wardwell, New York, NY, (Guy Miller Struve, Hayward H. Smith, of counsel), for Appellee (pro se).