Reply Memorandum of Law by OAG
The OAG makes several legal arguments in response to the NRA as to why the NRA should not be permitted to pre-review documents before production by Ackerman.
- The OAG argues that the NRA is “attempting to interfere with the OAG’s enforcement function by converting privately-contracted non-disclosure agreements … into a set of virtual eyes and ears in OAG’s offices as the OAG conducts its investigation.” (Pg. 4.)
- According to the OAG, the NRA seeks to “reserve to itself the right to know who the OAG subpoenas during the investigation, what documents the subpoenaed party proposed to produce [to] the OAG, and the right to determine for itself whether its involvement in the review of subpoena compliance is intrusive to the investigation.” (Pg. 13 fn. 2.)
- The OAG criticizes at least one of the NRA’s privilege logs for “fail[ing] to comply with even the most fundamental requirements of such a log” because it “does not clearly identify the author, recipient, subject matter and privilege asserted for each allegedly privileged document.” (Pg. 15.)