U.S. Court of Appeals for the Fifth Circuit in New Orleans. Photo: Mike Scarcella/ALM Are Lawyers' Records Safe from Federal Search? 2 Courts Say No
A Texas lawyer's appeal is the second ruling in as many months which allowed federal agencies to access client documents.
August 16, 2023 at 03:50 PM
5 minute read
The New Orleans-based Fifth U.S. Circuit Court of Appeals has become the second court in as many months to approve the government's warrantless search of a lawyer's records. The ruling follows a July decision out of the D.C. district court allowing a federal agency to access the client list of a Big Law firm and may continue to raise questions about the safety of a lawyer's private information.
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Michael G. Bongiorno, Andrew Scott Dulberg and Elizabeth E. Driscoll from Wilmer Cutler Pickering Hale and Dorr have stepped in to represent Symbotic Inc., an A.I.-enabled technology platform that focuses on increasing supply chain efficiency, and other defendants in a pending shareholder derivative lawsuit. The case, filed Oct. 2 in Massachusetts District Court by the Brown Law Firm on behalf of Stephen Austen, accuses certain officers and directors of misleading investors in regard to Symbotic's potential for margin growth by failing to disclose that the company was not equipped to timely deploy its systems or manage expenses through project delays. The case, assigned to U.S. District Judge Nathaniel M. Gorton, is 1:24-cv-12522, Austen v. Cohen et al.
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