Grand Jury Subpoenas And The Crime-Fraud Exception

Law360, New York (February 11, 2013, 1:32 PM EST) -- Grand jury subjects and their counsel are painfully familiar with the secrecy strictures and other substantial limitations on their rights at the pre-indictment state. In its recent decision in In re: Grand Jury (John Doe 1 & 2, ABC Corp.), ___ F.3d ___, Nos. 12-1697, 12-2878 (3rd Cir. Dec. 11, 2012), the Third Circuit Court of Appeals highlighted the many complications facing a subject wishing to assert an attorney-client privilege or work-product objection to a subpoena seeking records from its counsel.

In a tangled fact pattern...
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