United States Federal Circuit

Petition for a writ of mandamus by the United States to direct the Court of Federal Claims to vacate its orders requiring the US to produce documents that it asserts are protected by the attorney-client privilege is denied as the US cannot deny an Indian tribe's request to discover communications between the US and its attorneys based on the attorney-client privilege when those communications concern management of an Indian trust and the US has not claimed that the government or its attorneys considered a specific competing interest in those communications. Accordingly, the fiduciary exception is adopted in tribal cases where a fiduciary may not block a beneficiary from discovering information protected under the attorney-client privilege when the information relates to fiduciary matter, including trust management.

Appellate Information

• Decided 12/30/2009
• Published 12/30/2009

Judges

• Before LOURIE, FRIEDMAN, and GAJARSA, Circuit Judges.

Court

• United States Federal Circuit

Counsel

• For Appellant:
  
• Brian C. Toth, Attorney, Appellate Section, Environment and Natural Resources Division, United States Department of Justice, of Washington, DC, for petitioner. With him on the petition was John C. Cruden, Acting Assistant Attorney General., Alan R. Taradash, Nordhaus Law Firm, LLP, of Albuquerque, NM, for amici curiae, Navajo Nation and Pueblo of Laguna. With him on the brief were Daniel I.S.J. Rey-Bear, of Albuquerque, New Mexico, and Donald H. Grove, of Washington, DC.


• For Appellees:
  
• Steven D. Gordon, Holland & Knight LLP, of Washington, DC, for respondent, Jicarilla Apache Nation.