Professional Documents
Culture Documents
No. 07-5069
Appeal from the United States District Court for the Eastern
District of Virginia, at Richmond.
Robert E. Payne, Senior
District Judge. (3:07MS167-1)
Argued:
Decided:
We affirm.
I
Section 1031 of
property.
outside
counsel
that
discussed
investment
restrictions
After
requesting
information
from
various
IPA
employees.
He
they
therefore
may
wish
to
obtain
independent
legal
upon
Perkins,
interest privileges.
asserting
attorney-client
and
common
Thereafter,
he
had
attorney-client
not
established
relationship
the
giving
existence
rise
to
of
personal
privilege.
The
relationship
existed
[that]
was
reasonable
under
the
Under
Seal, 415 F.3d 333, 339 (4th Cir. 2005), cert. denied, 546 U.S.
1131 (2006).
he
is
mentioned
in
as an individual, notwithstanding
them;
(2)
Okun
testified
that
he
We
testimony
discredited
that
Okuns
he
so
testimony
believed.
based
on
The
district
legitimate
court
credibility
than
Okuns,
and
we
defer
to
such
credibility
When a factfinder
Sheet
Metal Workers Intl Assn v. Sweeney, 29 F.3d 120, 126 (4th Cir.
1994)
(quoting
(1985)).
Anderson
v.
Bessemer
City,
470
U.S.
564,
574
Okun did not speak with Perkins prior to the distribution of the
November 7 Memo; (2) Okun in fact never spoke to Perkins regarding
his personal conduct; and (3) Okun never told Perkins that he was
upset because he believed Perkins breached his confidentiality by
distributing the Memos to people other than Okun.
With
these
objectively
determinations
reasonable
basis
of
for
fact,
Okun
there
--
could
be
no
sophisticated
In
Memos to Field somehow supports Okuns belief that Perkins was his
personal attorney makes no sense.
In In re Teleglobe Communications
Corporation, 493 F.3d 345, 364 (3d Cir. 2007), the court explained
that the common interest privilege allows attorneys representing
different clients with similar legal interests to share information
without having to disclose it to others.
counsel
engaged
in
joint
strategy.
Moreover,
[a]n
Here, not only does the record indicate that Okun likely
refused to cooperate with Perkins internal investigation, but he
also has not demonstrated any common interest between the parties
as part of an ongoing legal enterprise or strategy.
Thus, Okuns
10