Can a contemnor who refuses to produce attorney-client privilege material be successful in appeal from any adverse final judgment?

the rejected claim of privilege on appeal from any adverse final judgment, and, if successful, obtaining return of the produced items. See IBM v. United States, 493 F.2d 112, 119 (2d Cir. 1973) (noting opportunity to litigate claim of attorney-client privilege after disclosure in rejecting appeal before final judgment).³ However, a contemnor who is unable to comply because of lack of possession (or control) of the requested items has no comparable opportunity to effect compliance and later litigate an asserted legal defense to production.⁴