Ninth Circuit rules that DOJ can subpoena non-privileged documents originating outside of US and obtained by law firms in US through discovery in related civil case

On 7 December 2010, in In re Grand Jury Subpoenas, the Ninth Circuit ruled that the US Department of Justice (DOJ) can subpoena non-privileged documents that originated outside of the country, but were sent to law firms within the United States because of civil discovery. In connection with the civil litigation, the defendants produced documents that originated outside of the United States to the law firms representing them, whereby the documents came to be located within the United States and, according to the Ninth Circuit, within the jurisdiction of the DOJ.


 

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