915 F. Supp. 2d 761
E.D. La.2012Background
- Government seeks court approval of a filter team protocol to review emails seized under a search warrant for potential attorney-client or work product privilege.
- Emails originate from bayingram@yahoo.com and jerryaldinill@yahoo.com and are linked to Ingram, the target of a federal grand jury investigation.
- Southeast Recovery Group sued BP for helicopter-related payments; Ingram is alleged to own/manage Southeast.
- FBI seized emails during the warrant execution and provided them to the government without review to avoid privilege issues; the government seeks court-ordered review.
- Ingram opposes and offers a Rule 26(b)(5)-style procedure; the government asserts the proposed filter team protects privilege while permitting investigation.
- The court grants the motion, adopts the filter team protocol, and imposes procedural steps and sealing requirements.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the proposed filter team protocol is permissible | Ingram argues taint team intrudes on privilege | Government contends protocol protects privilege while enabling investigation | Granted; protocol approved |
| Whether the Rule 26(b)(5)-style alternative is preferable | Ingram endorses alternative review method | Government favors its filter approach as practical and protective | Not adopted; court approves filter team protocol |
| Whether procedure should be sealed and terms set | Not explicitly stated | N/A | Sealed order; terms established and terms for search terms and review set |
Key Cases Cited
- In re Grand Jury Subpoenas, 454 F.3d 511 (6th Cir. 2006) (taint teams appropriate when government has possession of potentially privileged materials)
- U.S. v. Search of Law Office, Residence, and Storage Unit Alan Brown, 341 F.3d 404 (5th Cir. 2003) (court discussed privilege considerations and related procedures)