A party facing a discovery order, who wishes to protect the confidentiality of privileged information in documents held by its counsel, may need to regain possession of the documents, refuse to produce the privileged documents, and incur a contempt citation before appealing the order under a groundbreaking decision late last year by the Third Circuit.
Third Circuit Grapples With Privilege and Appellate Jurisdiction
The Legal Intelligencer
March 21, 2013
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