On November 30, 2018, Judge Richard Sullivan issued a long-anticipated decision in favor of the defendants in Commodity Futures Trading Commission v. Wilson, No. 13 Civ. 7884, following a four-day bench trial in December 2016 before the U.S. District Court for the Southern District of New York. The court held that the CFTC failed
Lewis J. Liman
“Oral Downloads” of Counsel Interviews Waived Attorney Work Product Protection from Disclosure
By Lewis J. Liman, Robin M. Bergen & Nowell D. Bamberger on
Posted in SEC Developments
On December 5, 2017, a Magistrate Judge in the United States District Court for the Southern District of Florida held in SEC v. Herrera that the “oral download” of external counsel’s interview notes to the Securities and Exchange Commission waived protection from disclosure under the attorney work product doctrine. As a result of the decision,…