93 F.R.D. 138 (1982)
In an action for damages and injunctive relief for violations of the Sherman Act, 15 U.S.C.S. §§ 1 and 2, defendants brought a motion to compel the return of allegedly privileged documents and a motion to compel the production of documents plaintiff used to refresh the recollection of witnesses at an oral deposition. Defendants contended that the documents they produced pursuant to a protective order were privileged under the attorney-client privilege and as attorney work product.
- The court found that the documents were protected by both privileges, first, as communications between employees and corporate counsel in order to secure legal advice, and second, as documents prepared in preparation for future litigation.
- The court held that defendants' placement of the documents in a regular file did not affect their privileged status.
- The court found that under Fed. R. Evid. 612, plaintiff's use of privileged documents to refresh the recollection of a witness at an oral deposition waived the privilege and as such, defendants were entitled to the production of those documents.
The court granted defendants' motion to compel the return of their privileged documents and also granted defendants' motion to compel the production of documents reviewed by witnesses at a deposition.
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