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Professional Responsibility Keyed to Sahl
In re Grand Jury Investigation
Citation:810 F.3d 1110 (9th Cir. 2016)
The Corporation (Appellant), a call center that marketed a surgical device for medical facilities, was investigated by the FDA and sent responses to an FDA warning letter. The government alleged that these responses contained false statements designed to obstruct the FDA investigation, and that the crime-fraud exception required the disclosure of certain documents to the court. The grand jury issued subpoenas to three lawyers to produce all communications, including documents and notes, relating to their FDA correspondence. However, the lawyers did not fully comply with the subpoena. The district court ordered the defendants to produce all attorney-client documents without in camera review to determine whether the crime-fraud exception applied.
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