In re: Qwest Communications International, Inc.

The Tenth Circuit rejected Qwest’s effort to not disclose confidential information to private plaintiffs even though it had already submitted the materials to the SEC in the course of a federal investigation. Qwest argued that its disclosure to the federal government constituted a limited waiver.  In its amicus brief, NCLC explained that, while it did not endorse the limited waiver as a solution to the Department of Justice’s practice of coercing the waiver of attorney client privilege, courts should imply a limited waiver so the Co.’s troubles are not compounded by the private plaintiffs’ bar. NCLC had asked the court to reverse a lower court ruling that further erodes the attorney-client privilege between businesses and their legal counsel.

Amicus brief filed 3/13/06. Decision 6/19/06.