United States Second Circuit

Order compelling production of emails and other documents claimed to be protected under attorney-client privilege, in case involving class of arrested persons alleging they were subjected to unconstitutional strip searches, is vacated where each of the ten disputed emails was sent for the predominant purpose of soliciting or rendering legal advice, however, the case is remanded for determination whether the distribution of some of the disputed emails to others within the sheriff's department constituted a waiver of the attorney-client privilege.

Appellate Information

• Decided 01/03/2007
• Published 01/03/2007

Judges

• DENNIS JACOBS, Chief Judge., Before JACOBS, Chief Judge, CARDAMONE and MINER, Circuit Judges.

Court

• United States Second Circuit

Counsel

• For Appellees:
  
• Frank T. Gaglione, Hiscock & Barclay LLP, Buffalo, NY, for Defendants-Petitioners., Elmer Robert Keach, III, Law Offices of Elmer Robert Keach, III, PC, Amsterdam, NY;  Jonathan W. Cuneo, Charles J. LaDuca, Alexandra Coler, Cuneo, Gilbert & Laduca, LLP, Washington, DC;  Gary E. Mason, Nicholas A. Migliaccio, The Mason Law Firm, PC, Washington, DC;  Alexander E. Barnett, The Mason Law Firm, P.C., New York, NY;  David Gerald Jay, Buffalo, NY;  Bruce E. Menken, Jason J. Rozger, Beranbaum Menken Ben-Asher & Biermam LLP, New York, NY, for Plaintiffs-Respondents.