). Communications Facilitating Crime-Fraud-Misconduct Not Covered — Any privilege would be subject to a crime-fraud-misconduct exception. See In re Sealed Case, 754 F.2d 395, 399 (D.C. Cir. 1985) (applying exception to attorney-client privilege); Cox v. Administrator U.S. Steel & Carnie, 17 F.3d 1386, 1422

lating to alleged indiscretion within the department). • Any attorney-client privilege is subject to a crime-fraud-misconduct exception. See In re Sealed Case, 754 F.2d 395, 399 (D.C. Cir. 1985). The victims intend to argue that the crime-fraud-misconduct exception applies on the facts of this case.' • A

, e.g., Hodge v. F.B.I., 703 F.3d 575, 580 (D.C.Cir. 2013)(identities of individuals who received grand jury subpoenas fell within Rule 6(e)); In re Sealed Case, 192 7 EFTA00209270 F.3d 995, 1004 (D.C.Cir. 1999)("[I]t would ordinarily be a violation of Rule 6(e) to disclose that a grand jury is investiga

th Cir. 1987) 13 In re Perrigo Co., 128 F.3d 430 (6th Cir.1997) 19 In re Professionals Direct Ins. Co., 578 F.3d 432 (6th Cir. 2009) 19 In re Sealed Case, F.3d 2013 WL 2120157 13 (D.C.Cir. March 5, 2013) Lafler. Cooper, 132 S.Ct. 1376 (2012) 5 Marino I. Ortiz, 484 U.S. 301 (1988) 12 Mezul. Mor

th Cir. 1987) 13 In re Perrigo Co., 128 F.3d 430 (6th Cir.1997) 19 In re Professionals Direct Ins. Co., 578 F.3d 432 (6th Cir. 2009) 19 In re Sealed Case, F.3d 2013 WL 2120157 13 (D.C.Cir. March 5, 2013) Lafler. Cooper, 132 S.Ct. 1376 (2012) 5 Marino I. Ortiz, 484 U.S. 301 (1988) 12 Mezul. Mor

tside the reach of the Perlman doctrine. Perlman applies to someone who holds a privilege, not someone who is arguing for a new privilege. See In re Sealed Case, -- -F.3d---, 2013 WL 2120157 at *5 (D.C. Cir. 2013) ("Typically, Perlman permits a privilege- holder to appeal a disclosure order directed at a disi

1987) 53 In re MTSG, Inc., 675 F.3d 1337 (Fed. Cir. 2012) 32, 33 In re RDM Sports Group, Inc., 277 B.R. 415 (N.D. Ga. 2002) 34, 40 In re Sealed Case, 716 F.3d 603 (D.C.Cir. 2013) 54 In re Six Grand Jury Witnesses, 979 F.2d 939 (2d Cir. 1992), cert. denied sub nom. XYZ Corp. v. United States,

idence stronger than in the context of a valid grand jury subpoena.'" In re Grand Jury Proceedings , 219 F.3d 175, 186 (2d Cir. 2000) (quoting In re Sealed Case , 676 F.2d 793, 806 (D.C. Cir. 1982)). See also In re Grand Jury Subpoena , 223 F.3d 213, 218 (3d Cir. 2000) ("One EFTA00211781 of the most signi

., the name of a person of interest) is not prohibited by Rule 6(e) as long as it does not elucidate the inner workings of the grand jury. See In re Sealed Case, 192 F.3d at 1002 (discussed infra at 8-9). The Court thus turns its attention to the relevant provisions of the Qantas information, the plea agreem

ocuments, we now rule that it does not." (internal citation and quotations omitted)); United States, Wujkowski , 929 F.2d 981 (4th Cir. 1991); In re Sealed Case , 877 F.2d 83, 84 (D.C. Cir. 1989) (Fifth Amendment privilege "does not cover the contents of any voluntarily prepared records, including personal

idence stronger than in the context of a valid grand jury subpoena.'" In re Grand Jury Proceedings , 219 F.3d 175, 186 (2d Cir. 2000) (quoting In re Sealed Case , 676 F.2d 793, 806 (D.C. Cir. 1982)). See also In re Grand Jury Subpoena , 223 F.3d 213, 218 (3d Cir. 2000) ("One EFTA00222997 of the most signi

n formally recognized is not a bar to Perlman jurisdiction. The controlling factor is whether the appellants assert a right or privilege, see In re Sealed Case, F.3d 2013 WL 2120157 at *4 March 5, 2013)("The Perlman doctrine permits appeals from some decisions that are not final but allow the disclosure

to class counsel during settlement negotiated waived work product when tape sought by government as part of criminal 3 EFTA00806655 case); In re Sealed Case, 676 F.2d 793, 824-25 (D.C. Cir. 1982) (production of documents during settlement discussions with the SEC waived work product protection as to gra

ognized under Rule 501 is not a bar to Perlman jurisdiction. The controlling factor is whether the appellants assert a right or privilege, see In re Sealed Case, F.3d , 2013 WL 2120157 at *4 (D.C.Cir. March 5, 2013)("The Perlman s28 doctrine permits appeals from some decisions that are not final but allow

n formally recognized is not a bar to Perlman jurisdiction. The controlling factor is whether the appellants assert a right or privilege, see In re Sealed Case, F.3d , 2013 WL 2120157 at *4 6 EFTA00583785 (D.C.Cir. March 5, 2013)("The Perlman doctrine permits appeals from some decisions that are not f

arties to the underlying action. See 2 As recently as May, 2013, the D.C. Circuit affirmed the continuing validity of the Perlman doctrine in In re Sealed Case, 716 F.3d 603 (D.C. Cir. 2013)(although finding a different standard applicable in that case), citing inter alia, this Court's decision in In re Gr

ognized under Rule 501 is not a bar to Perlman jurisdiction. The controlling factor is whether the appellants assert a right or privilege, see In re Sealed Case, F.3d , 2013 WL 2120157 at *4 (D.C.Cir. March 5, 2013)("The Perlman doctrine permits appeals from some decisions that are not final but allow the

inds that such alleged "misconduct" does not rise to the level of conduct that triggers an exception to the work product doctrine. See, e.g., In re Sealed Case, 754 F.2d 395, 401 (D.C. Cir. 1985) (exception to attorney-client privilege applied where alleged wrongdoing included "perjured testimony, document

evidence stronger than in the context of a valid grand jury subpoena.' In re Grand Jury Proceedings, 219 F.3d 175, 186 (2d Cir. 2000) (quoting In re Sealed Case, 676 F.2d 793, 806 (D.C. Cir. 1982)). See also In re Grand Jury Subpoena, 223 F.3d 213, 218 (3d Cir. 2000) ("One of the most significant, if not th

). Communications Facilitating Crime-Fraud-Misconduct Not Covered - Any privilege would be subject to a crime-fraud-misconduct exception. See In re Sealed Case, 754 F.2d 395, 399 (D.C. Cir. 1985) (applying exception to attorney-client privilege); Cox v. Administrator U.S. Steel & Carnie, 17 F.3d 1386, 1422