Evidence keyed to Mueller
Upjohn Co. et al. v. United States et al
Petitioner company, Upjohn, was notified that a foreign subsidiary made questionable payments to a foreign government official in order to obtain government contracts. Petitioner’s general counsel responded by forwarding questionnaires to management throughout the company in order to identify the extent of the practice. The Internal Revenue Service issued a summons for the questionnaires and follow-up interviews to determine the tax implications, but Defendant would not comply, citing attorney-client privilege. The trial court Magistrate ordered Defendant to comply with the summons because Defendant waived the privilege and the government successfully argued for the necessity of the documents. The United States Court of Appeals for the Sixth Circuit reversed the waiver of the privilege, but still ordered the compliance to the summons because the work was not prepared by officers responsible for legal advice.
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