The Obama administration and a group of law professors and former federal judges are asking the U.S. Supreme Court to reject a Georgia company’s plea for a change in the way many appellate courts deal with questions of attorney-client privilege.
Earlier this year, a coalition of business interests and the American Bar Association filed amicus briefs joining carpet maker Mohawk Industries’ argument that parties in federal cases should be allowed to immediately appeal lower court findings that the parties have waived their rights to keep key information secret under attorney-client privilege. They argue that once privileged material is produced in discovery, the consequences of disclosure cannot be undone by an appellate reversal of the trial order mandating production.
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