Pine DSC-308 Camera Driver
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Pine DSC-308 Camera Driver
Its confidentiality was breached thereby destroying the basis for the continued existence of the privilege. Accord, United States v. In support of its argument, plaintiff cited Johnson Pine DSC-308 Camera.
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The case involved a "presumption against waiver" by a criminal defendant of his constitutional right to counsel, and is not relevant here. There can be no "presumption against waiver" of the attorney-client privilege in view of the statement Pine DSC-308 Camera policy adopted by the Fourth Circuit in N.
Harvey, supra, F. To the extent that these cases require evidence of specific intent to waive the privilege, they are inconsistent with the Fourth Circuit's mandate in Harvey, Pine DSC-308 Camera, which is binding on this district court.
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Although the client's intention is generally not controlling, this court will not adopt this attitude where the voluntary waiver of some communications Pine DSC-308 Camera made upon the suggestion of the court during the course of the in-camera proceedings. Persuasive authority is found for this course of action in Schaffer v.
Prior disclosure by production of the letters by the corporation in response to a court subpoena Pine DSC-308 Camera held not to destroy the client's privilege. In United States v. Insurance Board, Trade Cas. Ohioand United States v.
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Ohiothe federal government had, upon request, been permitted to freely inspect corporate files and records of defendants. Under these Pine DSC-308 Camera, the federal district courts ruled that no waiver should result from the defendants' voluntary cooperation with the federal government.
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In New Wrinkle, Inc. If Government agents come into a place of business and ask or Pine DSC-308 Camera to see files and records, and in a spirit of cooperation, the files and records are turned over to the agents by the business, it does not, in the opinion of this Court, constitute a voluntary turning over of Pine DSC-308 Camera which can be claimed by the Government as a waiver. There is at least an implied coercion in a request or demand made by Government agents.
II Communications between an attorney and a corporate client must necessarily be with individual employees of the corporation. In strictly construing the attorney-client privilege, Pine DSC-308 Camera court will apply two tests seriatim: As to the test to be applied initially, the court will require communications between an attorney and a corporate client to be limited to persons within the "control group" of each corporation and those agents, employees, and representatives acting at the direction of Pine DSC-308 Camera control group member.
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Documents which have passed around the Pine DSC-308 Camera of a corporation for review by all who care to read them cannot have the attorney-client privilege attach. Such communications from an attorney to the corporate client do not have the requisite confidentiality to warrant the attorney-client privilege. A definition of Pine DSC-308 Camera person within the corporate control group is aptly given in Natta v.
We believe that the test is whether the person has the authority to control, or substantially participate in, a decision regarding action to be taken on the advice of a lawyer, or is an authorized member of a group that has such power. The case that first advanced the "control Pine DSC-308 Camera test was Philadelphia v.
Where there is doubt as to whether an individual is within the control group of a corporation, the doubt will be resolved against the party asserting the privilege. Such identification is insufficient for the court to establish the person as a member of the corporate control group or an agent acting under such Pine DSC-308 Camera member's direction.
Nevertheless, this court concludes that, under the circumstances of modern corporate business practice, the parties asserting the attorney-client privilege will not necessarily be considered to have failed to carry its burden of proof to establish the privilege. Only where communications are between an attorney and members Pine DSC-308 Camera the corporate control group, as well as corporate personnel not acting at the direction of a member of the control group, this court will consider the privilege to be waived.
Without abandoning the case law, but for the purpose of taking a common Pine DSC-308 Camera look at the practicalities of the "control group" test and its applicability in the day-to-day workings of a lawyer, it is obvious that, in a society such as exists in the United States today, a client, whether an individual or a corporation, frequently has to communicate through an agent.
Life in America, today, is admittedly of such complication Pine DSC-308 Camera to forego the expectation that one person can do all things for himself. The chain of command in military, business, government, and private societies is an accepted pattern of modern civilization. A corporation, of course, can only communicate through an agent. Obviously, if a Pine DSC-308 Camera needs legal advice, it cannot deal solely through the chairman of the board of directors.
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There has to be a sufficient number of persons within a corporation who are authorized on behalf of the corporation to seek advice, to give Pine DSC-308 Camera with respect to the rendition of advice, and to receive advice. A corporate system would break down if such were not permissible.
If only one, two, three, or four persons within a corporate structure could be the corporation when Pine DSC-308 Camera must seek legal advice, then, for all practical purposes, any corporation would not have an effective Pine DSC-308 Camera privilege. The chairman of the board and other top executives necessarily have more important matters to attend to than gathering information for either outside or inside counsel.