Bliley PM
Subject: Opinion of Judge Sarokin in Haines
Abstract
Informs of Judge Sarokin's opinion in Haines "that a prima facie case of fraud on the part of the defendants had been made, resulting in a loss of the attorney client privilege for certain documents." Notes the documents in question related to "certain special research projects of the Council for Tobacco Research." States "[t]he issue is whether claims that the research was independent were designed to intentionally mislead the public and, therefore, fradulent." Summarizes consequences of Judge Sarokin's opinion.
Fields
- Company
- Philip Morris Cos., Inc.
- Author
- Wall, Charles R. (PM VP & Assoc. Gen. Counsel, c. 1994)Vice President and Associate General Counsel for Philip Morris 1994-94 (may have been longer; this info was gleaned from documents); formerly worked for Shook, Hardy and Bacon.
- Type
- Memorandum
- Recipient
- Campbell, W.I.
- Dunn, William L., Jr., Ph.D. (PM Smoker Psychology Principal Scientist 1970s-80s)Principal scientist at PM during the 1970s and 1980s, nicknamed the "Nicotine Kid." Supervised Victor DeNoble, Paul Mele, Carolyn Levy and others. Led "smoker psychology" programs for PM.
- Fuller, C.L.
- Goldberg, M.S.
- Goldstein, L.J.
- Keenan, J.M.
- Mayer, R.P.
- Miles, M.A.
- Murray, R William
- Storr, H.G.
- Tucker, J.J.
- Bible, G.C.
- Bring, Murray H. (PM Attorney, Sr. VP & Counsel, Board of Directors)Senior Vice President and General Counsel of PM, 1994; former partner of Arnold & Porter in Washington, D.C. Defended PM in the Cipollone case.
- Buzzi, A.G.
- Copied
- Cullman, Joseph Frederick III (PM President & CEO (1957-1970))Executive vice president and senior marketing executive of Philip Morris in the 1950s. Exec. VP 1955-57. President in 1958, held that position until 1967. Chairman from 1968-1972 and acquired title of CEO. Chairman of the Executive Committee, 1979-85. On the Board of Directors from 1954-1985.
- Maxwell, H.
- Named Person
- Sarokin
- Named Organization
- *Council for Tobacco Research-- U.S.A. Inc. CTR (Formerly Tobacco Industry Research Committee (TIRC))Created and funded by the tobacco industry to award grants to study of the link between smoking and disease. Part of a four decade effort to cast doubt on the links between smoking and disease.
- Liggett Group Inc. (American cigarette manufacturer)American cigarette manufacturer, was the first to start selling discount brands (GPC)
- Lorillard Tobacco Co. (American cigarette manufacturer)American cigarette manufacturer; makes Kent, MaxSatin, Newport, Old Gold, Style, and True cigarettes.
- Philip Morris & Co. Ltd. (Cigarette manufacturer, incorporated in U.S. in 1902)Philip Morris & Co. Ltd.., was incorporated in New York in April of 1902; half the shares were held by the parent company in London, and the balance by its U.S. distributor and his American associate. Its overall sales in 1903, its first full year of U.S. operation, were a modest seven million cigarettes. Among the brand offered, besides Philip Morris, were Blues, Cambridge, Derby, and a ladies favorite name for the London street where the home companies factory was located - Marlborough.
- *R.J. Reynolds Tobacco Company (Cigarette manufacturer (Camel, Winston, Doral brands))Cigarette manufacturer (Camel, Winston, Doral brands)
- Tobacco Institute (Industry Trade Association)The purpose of the Institute was to defeat legislation unfavorable to the industry, put a positive spin on the tobacco industry, bolster the industry's credibility with legislators and the public, and help maintain the controversy over "the primary issue" (the health issue).
- Keyword
- Cipollone
- Haines
- Prima facie
- Special Master
- Thesaurus Term
- court
- court decision
- lawsuit
- industry sponsored research
- Subject
- Internal Documents
Document Images
PHILIP'MORRIS COMPANIES INC,
FF,~ ~ 199~
INTER~O:FFICE CORRiESPONDENCE
TO:
FROM::
SUBJECT:
Corporate Management Committee
Charles R. Wall
Opinion of Judge Sarokin in Haines
120 PARK AVE N El E; N IEW YO[RK, N iY. 100117,-5592
DATE: February 6, 1992
Judge H. Lee Sarokin, the. judge in both the Cip.o;llone and Hai;nes cases, h~as.
issued an opinion, in Haines which may receive some publicity. Liggett, R. J..
Reynolds, Lorillard, Philip Morris an~dl The Tobacco Institute are defendams in
H~a;i~n e$ :
In, his. opinion ~oday~ Judge Sarokin, found that a pri;ma: faci,e case of fraud o:n
the part of the defendants, had been mad,e, reshlting in a loss of th,e attorney client
privil~ge for certain d;ocuments: As a result of his finding, Judge Sarokin ordered
defen~dants to turn over t~o. the plaintiff some documents no longer protected from
disclosure, andl appointedl a Special Master to review other documents; to determine
if they shouldl be turned over also:
The documents for which the attorney client privil,ege was asserted relate to
certain special research projects of th,e Council for Tobacco Research. The issue is
whether cllaims th;atl the research was independent were designed! to: intention~ll:y
mislead th,e public and, therefo:re, fraudulent.
Ju,dge Sarokin has not: found thatl there has been, fraud~l,ent co:nd~¢t; that will
be for the jury to: decid,e, if the documents are found rel,evant at the time of trial.
Ju,dge Sarokin ha:s only decidedl that enough~ eviden,ce has been produ,ced to warrant
p:roductlion of some documents an,d further review of others:
Defendants are now considering wh,ether an appeal is.warran,ted.
CORPORATE MANAGEMENT COMMITYEE
DIISTRIBLU'I~ON! LIST!:
G. C~ Bible
M~ HI. Bring
A. G~ Buzzi
W. I~ Campbell~
W. Dunn
C. L. FuIler
M, S. GOldberg
L. J. Goldstlein
J. M~ Keenan
R. P. Mayer
M. A. Miles.
R. W. Murray
HI G. Storr
Ji J: Tucker
J. F. Cullman, 3rd
H, Maxwell
