Team Authors Article for ‘New York Law Journal’ on Privileged Material and the Government

BCLP Partners Andrey Spektor and Laura Perlov, Counsel Eric Chartan and Associate Jaclyn Gallian authored an article published Sept. 8 by the New York Law Journal concerning recent developments to offer companies (and individuals) concrete steps they can take to protect privileged communications. It also outlines arguments they can make in persuading judges to reject the use of filter teams altogether or, failing that, what relief they can obtain to limit potential harm to their businesses. “Businesses that have been forced to sit back as the government makes unreviewable determinations about which of their sensitive documents are privileged can finally start fighting back,” they wrote. “In Harbor Healthcare System LP v. United States of America, a Fifth Circuit panel found that the prosecutors displayed a ‘callous disregard’ of the rights of the targeted company in the way the government’s filter team conducted itself.”

Reprinted with permission from the Sept. 8 edition of the New York Law Journal© 2021 ALM Media Properties, LLC. All rights reserved. Further duplication without permission is prohibited, contact 877-257-3382 or reprints@alm.com.