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Charlie works as a 1099 contractor for Planned Parenthood, splitting his 40-hour work week among three Planned Parenthood locations, reporting to a different Planned Parenthood

Charlie works as a 1099 contractor for Planned Parenthood, splitting his 40-hour work week among three Planned Parenthood locations, reporting to a different Planned Parenthood manage rat each location. Charlie's job is to prepare fetal tissue for shipment. At a noisy Washington, DC, bar during Halloween Happy Hour, Charlies pots Abel, a Planned Parenthood staff attorney who, three months earlier, transferred from Compliance to the Real Estate Department, where Abel currently handles commercial issues for Planned Parenthood's numerous clinics. Charlie walks up to Abel and says:

"You and I met at a Planned Parenthood Christmas Party last year, and I know you're a Happy Hour regular at this bar. The Planned Parenthood handbook says I should contact a lawyer in Compliance if I see something wrong. I work in the lab of our Chevy Chase, Maryland, clinic. I was working in the lab in the back, when I heard a noise f rom the clinic side. I went to check and took some photos of what I saw on my smartphone, which I downloaded to this thumb-drive. Take it. What I saw ought to be illegal if it isn't. You'd better look into this and do something, or I will take it to the newspapers."

Abel, with one hand, pats Charlie on the shoulder while making a thumbs-up gesture with the other hand. Able then extends a hand to Charlie. Able says, "I will. You have my word on it." Abel and Charlie shake hands. Then, Charlie walks away. The next day, Abel gets a subpoena from a U.S. House of Representatives Committee ordering him to:

(i) confirm whether he had a conversation with Charlie at the bar;

(ii) surrender the thumb drive;

(iii) relate the conversation that took place between Abel and Charlie;

(iv) describe any physical actions or contact that took place between Abel and Charlie.

Discuss the degree to which Planned Parenthood may assert legal privilege with regard to (i), (ii), (iii), and (iv).

Argue both sides of any issue.

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