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In re Pacific Pictures Corp.: Ninth Circuit Rejects Selective Waiver of Attorney-Client Privilege

April 25, 2012

By THE SECURITIES LITIGATION AND ENFORCEMENT PRACTICE

Last week, the Ninth Circuit issued its decision in In re Pacific Pictures Corp. holding that a party waives attorney-client privilege in any future litigation by voluntarily disclosing privileged documents to the federal government. In issuing this decision, the Ninth Circuit resolved a critical issue for entities facing agency investigations and joined the majority of other circuits in rejecting the theory of selective waiver.