FEDERAL TRADE COMMISSION | OFFICE OF THE SECRETARY | FILED 2/12/2021 | OSCARPUBLIC NO. 600662 | PUBLIC UNITED STATES OF AMERICA FEDERAL TRADE COMMISSION OFFICE OF ADMINSTRATIVE LAW JUDGES In the Matter of Altria Group, Inc. DOCKET NO. 9393 a corporation; and JUUL Labs, Inc. a corporation. COMPLAINT COUNSEL’S MOTION FOR AN ORDER THAT RESPONDENT ALTRIA HAS WAIVED PRIVILEGE Pursuant to Rules 3.22 and 2.11(d), of the Commission Rules of Practice, 16 C.F.R. § 3.22 and 16 C.F.R. § 2.11(d), Complaint Counsel respectfully moves the Court for an order that (1) Respondent Altria has waived any claims of privilege as to documents that it produced during the Commission’s pre-complaint investigation and subsequently sought to claw back and (2) that Altria is precluded from clawing back any documents produced during the pre-complaint investigation going forward from the date of this motion. As set forth in the attached memorandum, Respondent did not take even minimally reasonable steps to prevent disclosure of the purportedly privileged documents that it produced and did not promptly rectify its errors in producing nearly 10,000 documents that it subsequently sought to claw back. See Rule 2.11(d) of the Commission Rules of Practice, 16 C.F.R. 2.11(d). A proposed order is attached. Dated: February 12, 2021 Respectfully submitted, /s/ Frances Anne Johnson Frances Anne Johnson Dominic E. Vote FEDERAL TRADE COMMISSION | OFFICE OF THE SECRETARY | FILED 2/12/2021 | OSCARPUBLIC NO. 600662 | PUBLIC Peggy Bayer Femenella Jennifer Milici James Abell Erik Herron Joonsuk Lee Meredith Levert Kristian Rogers David Morris Michael Blevins Michael Lovinger Stephen Rodger Counsel Supporting the Complaint Federal Trade Commission Bureau of Competition 600 Pennsylvania Ave., NW Washington, DC 20580 Telephone: (202) 326-3221 Email:
[email protected] FEDERAL TRADE COMMISSION | OFFICE OF THE SECRETARY | FILED 2/12/2021 | OSCARPUBLIC NO.