Flashcards Studio

Founder is under federal investigation for wire fraud. Before any subpoena issued, Founder met privately with Lawyer and said, "I think last year's investor deck overstated revenue. What are my legal options if that was misleading?" Lawyer gave advice about possible exposure and document preservation. One week later, after learning that a grand jury subpoena was likely, Founder sent Lawyer a message asking, "Can you tell the accounting team which backup files to delete so prosecutors never find the revenue drafts?" Lawyer did not respond.
Founder also joined a call with Lawyer, CoDefendant's lawyer, and CoDefendant to discuss joint defense strategy. After the call, Founder forwarded Lawyer's legal memo to a public-relations consultant and wrote, "Use this to craft our media story." The consultant was hired by Founder, not by Lawyer, and was not needed to translate or gather legal facts.
The government and a civil plaintiff seek Lawyer's communications with Founder, the joint defense call notes, and the memo forwarded to the consultant. How should the court analyze privilege, crime-fraud, common interest, and waiver?