United States Third Circuit

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In re Grand Jury (ABC Corp.), 12-1697

In a case in which the government sought a law firm's records for use in a grand jury investigation, and the district court ruled that the crime-fraud doctrine vitiated any privilege or work product protection, the privilege holder's appeal of the district court's production order is dismissed as premature, where: 1) the order was not yet final; and 2) the Perlman exception to the rule that a custodian of documents must stand in contempt of a discovery order before an immediate appeal may be taken did not apply, because the contempt route remained open to the privilege holder, even though it did not have custody of the documents, since it could obtain the documents at its request.

Appellate Information

  • Decided 05/24/2012
  • Published 05/24/2012

Judges

  • Ambro

Court

  • United States Third Circuit

Counsel

  • For Appellant:
  • Stephen R. LaCheen, Alexander P. Robbins, Esq

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