Secret Tobacco Memo Sought
Lawyers representing the U.S. government in its lawsuit against the tobacco industry are trying to get a confidential tobacco company memo that could help them prove their case, the Wall Street Journal reported Sept. 13.
Known as the "Foyle Memorandum," the memo was written in 1990 by Andrew Foyle, a partner at the London law firm Lovells. Foyle was advising British American Tobacco (BAT), the world's second-largest publicly traded tobacco company, on its document-retention policy.
In the memo, Foyle indicated concerns over the burdens of complying with discovery requests in sick-smoker's lawsuits. The memo indicated that documents were being destroyed.
Lawyers said the memo is key evidence in support of the government's claim that tobacco companies deceived the public by concealing the health risks of smoking for more than five decades.
Three times, the federal District Court for the District of Columbia has ordered BAT to surrender the memo, but the tobacco company has refused. BAT claims that the memo and other internal documents are subject to attorney-client privilege.
"Waiving privilege is irrevocable and would apply across the U.S.," said Teresa la Thangue, a spokeswoman for BAT. "We would never be entitled to claim privilege in the U.S. again."
But U.S. lawyers said the memo is exempt from attorney-client privilege because it counsels the company to commit fraud.
The lawsuit, which seeks $280 billion, is set to go to trial on Sept. 21.
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