Keeping the Fox Out of the Henhouse: How Recent Court Decisions and a Mid-Trial Debacle Can Help Shield Privileged Material From the Government

In this program we will provide an overview of recent cases that have criticized the use of government filter teams, which are used when the government seizes potentially privileged information from companies and individuals pursuant to subpoenas and search warrants. We will provide concrete steps that businesses should take to guard privileged material from the government, as well as specific arguments that companies can make to obtain judicial relief.

 

Andrey Spektor is a partner in the New York office of Bryan Cave Leighton Paisner (“BCLP”).  He counsels companies and individuals in criminal matters and government investigations.  As an Assistant U.S. Attorney for nearly seven years in the Eastern District of New York, Andrey also has significant litigation experience, including 15 arguments before the U.S. Court of Appeals.  Andrey has litigated privilege issues as a prosecutor and has advised companies on those issues as a defense attorney.  He was twice recognized as “Prosecutor of the Year,” led some of the nation’s most significant cases—profiled in the New York Times, Wall Street Journal, Reuters, Bloomberg, CNN, and NBC News—and has been cited as an authority on various topics by three U.S. Court of Appeals panels. 
 
Laura Perlov is a partner in the Denver and New York offices of Bryan Cave Leighton Paisner (“BCLP”) and co-leader of BCLP’s False Claims Act (“FCA”) Practice. She focuses her practice on white collar defense and investigations, particularly in the areas of the FCA and securities regulation and enforcement. Laura regularly advises clients in high-profile crisis situations where litigation is a possible result. Laura’s practice also consistently involves complex issues of privilege and she regularly counsels on best practices for maintaining privilege in a variety of situations common to white collar defense and investigations.
 
Eric Chartan is counsel in the Dallas and New York offices of Bryan Cave Leighton Paisner (“BCLP”).  He counsels companies and individuals in securities litigation and regulatory enforcement matters as well as criminal matters and government investigations.  Prior to joining BCLP, Eric served as a senior legal executive in a diverse financial services company in the wealth management space for eight years. Eric has a deep understanding of the issues companies and in-house counsel face including protecting and the scope of the attorney-client privilege. Eric started his career as an Assistant District Attorney in New York City where he investigated and prosecuted white collar criminal cases.