- 14 - authority to waive the attorney-client privilege on behalf of his client. See, e.g., In re Von Bulow, 828 F.2d 94, 101 (2d Cir. 1987). We believe that, during the course of the Internal Revenue Service’s (IRS’s) examination of Surgery Center’s income tax returns for 1999 and 2000, Surgery Center’s representative disclosed some or all of the contents of the exhibits to the IRS. Although we have virtually no information concerning the scope of that representative’s authority to represent Surgery Center, we have no reason to believe that he (or she) exceeded the scope of that authority. We, thus, conclude that he had the authority, explicit or implicit, to disclose to the IRS the contents of the exhibits. Since the IRS is a third party (that is neither an agent or attorney of Surgery Center’s), such disclosure destroyed the confidentiality of the exhibits and ended the privilege premised on such confidentiality. Alternatively, if the confidentiality of the exhibits had not been destroyed previously, Moore’s disclosure of the exhibits to respondent during the discovery phase of this case caused such destruction and ended the privilege. It may be that the disclosure was not voluntarily made by Surgery Center, if Moore had no authority to make that disclosure. Nevertheless, Moore’s ready access to the exhibits (Dr. Joffe described her position as “equivalent of the president or chief operating officer of the facility [Surgery Center] in terms of the day to day running”)Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 Next
Last modified: May 25, 2011