Search Warrants, the Attorney-Client Privilege, and Federal Criminal Rule 41(g)

In July, the Fifth Circuit Court of Appeals issued an opinion in Harbor Healthcare System v. United States, addressing the application of Federal Rule of Criminal Procedure 41(g) and motions to return documents improperly seized by the government in the context of a criminal False Claims Act matter. The Fifth Circuit took a more restrictive approach to seizing and segregating privileged material than we have traditionally seen, and raises interesting questions about the attorney-client privilege, search warrants, and the use of government “taint teams.” Featuring: William McClintock, Associate, King & Spalding