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In re Grand Jury Subpoenas, Served on White & Case LLP, Lieff, Cabraser, Heinemann, Bernstein LLP, K&L Gates LLP, and Nossaman LLP

627 F.3d 1143 (2010)

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In re Grand Jury Subpoenas, Served on White & Case LLP, Lieff, Cabraser, Heinemann, Bernstein LLP, K&L Gates LLP, and Nossaman LLP

United States Court of Appeals for the Ninth Circuit
627 F.3d 1143 (2010)

  • Written by Sharon Feldman, JD

Facts

The United States was conducting an antitrust investigation. Shortly after the investigation became public, private parties filed civil suits against the companies under investigation (the companies). As part of civil discovery, the companies produced documents that originated outside the United States. The documents were produced pursuant to a civil protective order. The United States served grand jury subpoenas on the law firms representing the companies, seeking nonprivileged material to aid the grand jury in investigating the law firms’ clients. The law firms moved to quash the subpoenas pursuant to Federal Rule of Criminal Procedure 17(c)(2), which permits the district court to quash a subpoena if compliance would be unreasonable or oppressive. The district court could not find any authority governing the matter and quashed the subpoenas to permit the United States, on appeal, to raise issues about the relationship between the grand jury and civil discovery from foreign companies that have not been indicted. The United States appealed.

Rule of Law

Issue

Holding and Reasoning (Noonan, J.)

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