- 90 - 1993)(quoting In re Sealed Case, 676 F.2d 793, 807 n.44 (D.C. Cir. 1982)); see Mead Data Cent. Inc. v. U.S. Dept. of Air Force, 566 F.2d 242 (D.C. Cir. 1977). The attorney-client privilege is "the oldest of the privileges for confidential communications known to the common law." Upjohn Co. v. United States, 449 U.S. 383, 389 (1981); Hartz Mountain Indus. v. Commissioner, 93 T.C. 521, 524-525 (1989). The attorney-client privilege "applies to communications made in confidence by a client to an attorney for the purpose of obtaining legal advice, and also to confidential communications made by the attorney to the client if such communications contain legal advice or reveal confidential information on which the client seeks advice." Hartz Mountain Indus. v. Commissioner, supra at 525, (citing Upjohn Co. v. United States, supra). However, "the privilege only protects disclosure of communications; it does not protect disclosure of the underlying facts by those who communicated with the attorney." Upjohn Co. v. United States, supra at 395. Except for the matters that were redacted, the Zelisko memorandum, set forth in its redacted form supra pp. 15-18, does not contain privileged communications. The memorandum is self- described as "a bullet point summary of a transaction proposed by Merrill Lynch to Brunswick Corporation (BC) on December 8, 1989 to generate sufficient capital losses to offset the capital gainPage: Previous 80 81 82 83 84 85 86 87 88 89 90 91 92 93 94 95 96 97 98 99 Next
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