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Post being replied to
I think you understate Swarbrick's involvement by ACross
He was not merely "one of USAG's lawyers." He was, until he took the ND job, USAG's outside general counsel. It is almost certain that USAG was his client, that he was the originator and the relationship lawyer and the responsible and supervising lawyer at the firm for the client. He was outside general counsel for USAG for many years and held that role, it appears, at a time when USAG adopted, with the advice out its outside counsel of its no report policy. USAG should waive privilege.