From U.S. v. Heppner, handed down today by Judge Jed Rakoff (S.D.N.Y.): ...

Using the messages as evidence is still dicey.

Challenges and delays during the discovery process are a frustrating part of civil litigation. One cause for such delay is the attorney-client privilege arising from internal investigation materials.

Q: We are in a civil case with others, suing a person who engaged in fraudulent misconduct. We share the same attorney who is trying to establish that the attorney-client privilege between this guy ...