Securities & Exchange Commission v. Ryan

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• explaining that “[a]s the successor in interest, and as a matter of law” the receiver “controls the attorney-client privilege” for the receivership entity
• finding that the receiver would have the power to waive privilege since he “was directed by the [p]reliminary [i]njunction to collect all business records” and “is within his rights to ask[] for these documents and data”
• finding that the attorney-client privilege did not prevent the receiver from obtaining records and information related to the corporation and, even if it did, “the [r]eceiver, as successor manager, would have the power to waive the privilege”
• identifying “real estate closing documents, loan and mortgage documents, promissory notes, [and] escrow accounts … shared public[ly] and/or with third parties, such as banks, lenders, or investors” as “required records”
• “Whether it is a one-person corporation or a limited liability company, neither can avail itself of this Fifth Amendment protection.”’

Source: CourtListener parenthetical corpus (CC0).