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Expert Analysis

An Unusual Attorney-Client Privilege Twist For Backpage

Law360, New York (September 21, 2016, 2:16 PM EDT) -- Brian D. Smith Litigation by the Senate Permanent Subcommittee on Investigations to enforce a subpoena for documents from Carl Ferrer, the CEO of Backpage, an online forum accused of contributing to sex trafficking, has taken another interesting twist, with the D.C. District Court ruling that Backpage cannot assert the attorney-client privilege to protect certain documents. It is rare for a court to issue a ruling on attorney-client privilege in a congressional investigation, and the court's ruling has significant implications for any individual or company facing demands from Congress for documents, information or testimony....

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