The district court's decision marked "a novel, substantial, and unwarranted expansion in the crime-fraud exception" to attorney-client privilege, the traders' lawyer, Jeffrey Wall of Sullivan & Cromwell, wrote in court papers. The Justice Department counters that the attorney-client privilege wasn't meant to shield clients who lie to counsel to conceal alleged criminal activity. The government opposes the traders' request to hold a secret oral argument, set for next month in the U.S. Court of Appeals for the Fourth Circuit.
David Dekker will serve as the next chairman of Pillsbury Winthrop Shaw Pittman, the firm said last week. Plus more in this week's column.
Speaker of the House John Boehner, R-Ohio, on Sept. 25 announced his resignation and intent to retire from Congress at the end of October. Plus more in this week's column.