We start with the admission associated with July 2013 e-mail at test. This email was admitted by the District Court beneath the criminal activity fraudulence exception to lawyer work item privilege.
The criminal activity fraudulence exclusion is applicable whenever “there is certainly a basis that is reasonable suspect (1) that the privilege owner had been committing or going to commit a criminal activity or fraudulence, and (2) that the lawyer customer interaction or lawyer work item was found in furtherance of the so-called criminal activity or fraudulence.” In re Grand Jury , 705 F.3d 133, 155 (3d Cir. 2012). Continue reading