SDNY Opens The Door To Privilege Waiver Arguments

Law360, New York (August 4, 2016, 11:58 AM EDT) -- Jonathan E. Green

Andrew Bauer In a recent decision, Judge Laura Taylor Swain of the U.S. District Court for the Southern District of New York held that JPMorgan Chase & Co.'s disclosure of information to the Financial Industry Regulatory Authority in response to a routine inquiry constituted a waiver of privilege in a subsequent criminal insider trading case.[1] Although the privileged status of such communications has rarely been challenged, this decision opens the door for the government and private plaintiffs to pursue waiver arguments in future cases. As such, the ruling could have implications for counsel responding to regulatory inquiries who seek...

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