This post was written by Kyle Bahr and Efrem Grail.

A recent Third Circuit opinion undercuts the attorney-client privilege, especially in federal Grand Jury investigations of companies and individuals. Under the new precedent, there is no way to immediately challenge a court order invading the protections of the attorney-client privilege without first suffering a judicial contempt citation, thereby risking monetary fines and imprisonment. In this article, Reed Smith attorneys Kyle Bahr and Efrem Grail highlight the difficult choices faced by clients in protecting their privileged materials from discovery by the Government in federal criminal investigations.

Read the full article here.