Investment Adviser Can't Take Back SEC Emails, Judge Says

Law360, New York (October 29, 2012, 3:19 PM EDT) -- Investment adviser firm Dblaine Capital LLC cannot take back attorney emails it accidentally disclosed to the U.S. Securities and Exchange Commission in a fraud investigation, a federal judged ruled Friday, finding that Dblaine's approach to document production was too haphazard.

A company dealing with the SEC needs to have proper controls in place on the documents it discloses if it wants to complain that accidents have breached attorney-client privilege, U.S. Magistrate Judge Steven E. Rau said in a written order.

The SEC claims in a lawsuit...
To view the full article, register now.




Case Information

Case Title

United States Securities and Exchange Commission v. Welliver et al

Case Number




Nature of Suit



Steven E. Rau

Date Filed

October 18, 2011

Law Firms

Government Agencies

Law360 Pro Say Podcast
Check out Law360's new podcast, Pro Say, which offers a weekly recap of both the biggest stories and hidden gems from the world of law.