On Jan. 26, 2007, Southern District of New York Judge Robert P. Patterson Jr. filed a decision concerning waiver of the work product doctrine that is significant for lawyers practicing in the criminal defense and securities enforcement areas.
Patterson granted nonparty law firm Kramer Levin’s motion to quash a subpoena from lead plaintiffs in a securities fraud class action that sought various materials created or compiled over the course of its internal investigation on behalf of the Cardinal Health Inc. (Cardinal) Audit Committee. In re Cardinal Health, Inc. Sec. Litig., No. C2-04-575-ALM, 2007 WL 495150 (SDNY Jan. 26, 2007). Kramer Levin had shared the subpoenaed materials with the Securities and Exchange Commission and U.S. Attorney’s Office for the Southern District of New York (U.S. Attorney’s Office) and this, plaintiffs argued, constituted a waiver of the work product protection.
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