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DLA Piper Ordered to Turn Over MLB Material to Roger Clemens Despite Asserted Work Product Privilege

Posted Jun 23, 2011 12:18 PM CDT
By Martha Neil

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Despite an asserted work product privilege, DLA Piper has been ordered by a federal judge to turn over to famed pitcher Roger Clemens some of its investigative material from a probe about the use of performance-enhancing drugs in Major League Baseball, reports Bloomberg.

Law firm notes and memos about statements made during the investigation by former Clemens trainer Brian McNamee and a former New York Mets clubhouse assistant are producible in a Washington, D.C., perjury case against Clemens, held U.S. District Judge Reggie Walton. Attorney Rusty Hardin argued in April that the material should be made available because it could show that McNamee, a star witness against his client, has lied.

"Heightened protection for these documents is not warranted because the statements contained therein are an accurate reflection of the witnesses' statements, not the attorneys' mental impressions of what the witnesses had stated or what the attorneys thought was important to record," said the judge in his 39-page written opinion.

The DLA Piper material was gathered as part of a 2007 investigation and report by law firm partner and former U.S. Senator George Mitchell, who was representing Major League Baseball.

Clemens is scheduled to be tried in the criminal case next month.

Additional and related coverage:

ABAJournal.com: "After Mitchell Report, Shame, Blame ... and Reform?"

ABAJournal.com: "Federal Judge to Review DLA Piper Materials Sought in Roger Clemens Perjury Case"

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