S.F. Federal Judge Wary of Piercing Privilege in McAfee Backdating Probe

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Judge Marilyn Hall Patel expressed strong skepticism Monday toward an attempt by former McAfee GC Kent Roberts to obtain interview notes from an internal investigation of stock option backdating at the company. Lawyers from Howrey, which performed the investigation, say their interview notes should stay confidential because they were never disclosed to the government. Roberts' lawyers argue they should be turned over because McAfee relied on them in communicating with the feds, which constitutes a waiver.

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