Under Seal 1 v. United States, No. 16-4096 (4th Cir. 2017)Annotate this Case
These appeals arose from the district court's denial of a motion to quash grand jury subpoenas demanding testimony of a criminal defendant's attorney and investigator. The Fourth Circuit found that part of the testimony sought was fact work product that may nonetheless be compelled because it fell under the crime-fraud exception to the work product privilege. However, the government may not ask a general question attempting to reach what the court deemed to be opinion work product. Accordingly, the court affirmed in part and reversed in part.