United States DC Circuit

District court's enforcement of a subpoena, directing a drug manufacturer to produce documents relating to a particular drug, is reversed where the court relied upon an argument to which the company had no opportunity to respond, and ruled erroneously that the company had waived the attorney-client privilege.

Appellate Information

• Argued 04/22/2002
• Decided 07/02/2002
• Published 07/02/2002

Judges

• Before:  GINSBURG, Chief Judge, and HENDERSON and ROGERS, Circuit Judges.

Court

• United States DC Circuit

Counsel

• For Appellant:
  
• Melvin A. Schwarz argued the cause for appellant.   With him on the briefs were Stephen A. Saltzburg and Stephen A. Stack Jr.


• For Appellees:
  
• Melvin H. Orlans, Special Litigation Counsel, Federal Trade Commission, argued the cause for appellee.   With him on the brief was John F. Daly, Deputy General Counsel for Litigation.