United States Ninth Circuit

In an options backdating prosecution of a former Broadcom executive, the district court's order suppressing all evidence reflecting defendant's statements to attorneys from Broadcom's outside counsel regarding the stock option granting practices at Broadcom is reversed where, by approaching the exclusion question with a presumption that the privilege attached, the district court inverted the burden of proof, improperly placing the onus on the government to show what information was not privileged.

Appellate Information

• Decided 09/30/2009
• Published 09/30/2009

Judges

• TALLMAN, Circuit Judge:, Before:  RAYMOND C. FISHER, RONALD M. GOULD, and RICHARD C. TALLMAN, Circuit Judges.

Court

• United States Ninth Circuit

Counsel

• For Appellant:
  
• Daniel B. Levin (argued), Gregory W. Staples, Andrew D. Stopler, United States Attorney's Office, Los Angeles, CA;  Robb C. Adkins, United States Attorney's Office, Santa Ana, CA;  Thomas P. O'Brien, United States Attorney, for plaintiff-appellant United States of America.


• For Appellees:
  
• Matthew D. Umhofer (argued), Richard Marmaro, Matthew E. Sloan, Skadden, Arps, Slate, Meagher & Flom LLP, Los Angeles, CA, for defendant-appellee William J. Ruehle.