In this blog post – the second in a three-part series – Daniel Patrick Wendt and Ann Sultan discuss a discovery dispute that arose between two former executives of General Cable and General Cable's external counsel Morgan, Lewis & Bockius LLP. "Ultimately, Judge Goodman (a U.S. magistrate judge for the Southern District of Florida) ruled that the law firm's 'oral downloads' of twelve internal investigation interviews to the [Securities and Exchange Commission] created a waiver of the attorneys' work-product privilege, whereas the broader disclosures to Deloitte [General Cable's auditor] did not," Wendt and Sultan wrote. "The court also ordered Morgan Lewis to disclose within seven days whether Morgan Lewis had provided oral summaries of any other interviews, either to the SEC or [Department of Justice]. And again, the court directed Morgan Lewis to file under seal any notes or memoranda reflecting 'any other work product information its attorneys provided to the SEC or DOJ about the employee interviews,'" the authors wrote.

Details on part one of this series, "What Are 'Oral Downloads' to the SEC and Why Do They Matter?" can be found here.