Blogs

Posts Categorized: Privilege/Work Product

Posted: November 13, 2017

Reports Prepared by Consultant During Investigation of Claims Held Not Privileged or Work Product

On November 9, 2017, the Third Department issued a decision in NYAHSA Services, Inc., Self-Insurance Trust v. People Care Inc., 2017 NY Slip Op. 07909, holding that a report evaluating litigation claims prepared by a consultant engaged by counsel was not privileged or entitled to protection as work product, explaining: During this collection litigation, Cool… Read more »

Posted: April 25, 2017

Communications With Insurance Brokers Not Privileged

On April 17, 2017, Justice Bransten of the New York County Commercial Division issued a decision in Mt. McKinley Insurance Co. v. Corning Inc., 2017 NY Slip Op. 30704(U), holding that an insured’s communications with its insurance brokers were not privileged, explaining: Corning did not produce approximately 50 confidential communications between and among it, its… Read more »

Posted: November 2, 2016

Texas Accountant-Client Privilege Does Not Cover Response to NY AG Subpoena

On October 26, 2016, Justice Ostrager of the New York County Commercial Division issued a decision in People v. PricewaterhouseCoopers LLP, 2016 NY Slip Op. 32130(U), holding that the Texas accountant-client privilege does not apply to a response to a subpoena from the New York Attorney General. After first holding that the statute did not… Read more »

Posted: October 30, 2016

Defendant’s RMBS Breach Analyses Not Protected Work Product

On October 12, 2016, Justice Bransten of the New York County Commercial Division issued a decision in ACE Securities Corp. v. DB Structured Products, Inc., 2016 NY Slip Op. 26337, holding that a defendant’s analysis of whether various contract provisions had been breached was not protected work product, explaining: To establish that the Breach Analyses… Read more »

Posted: October 5, 2016

Non-Party Did Not Waive Common Interest Privilege

On September 29, 2016, the First Department issued a decision in 21st Century Diamond, LLC v. Allfield Trading, LLC, 2016 NY Slip Op. 06245, holding that a non-party did not waive the common interest privilege, explaining: The motion court based its finding that the common-interest privilege had been waived on a poorly worded analogy —… Read more »

Posted: August 20, 2016

Law Firm Records Ordered Produced Under Crime-Fraud Exception

On August 11, 2016, Justice Bransten of the New York County Commercial Division issued a decision in Fragin v. First Funds Holdings LLC, 2016 NY Slip Op. 31537(U), ordering the production of privileged documents under the crime-fraud exception, explaining: The central issue on this motion is whether the documents that Moses and Singer seeks to… Read more »

Posted: July 14, 2016

Communications by Defendant’s Counsel to Defendant’s Agents Held to be Privileged

On July 5, 2016, the First Department issued a decision in BEW Parking Corp. v. Apthorp Associates LLC, 2016 NY Slip Op. 05350, holding that communications by counsel to a client’s agents were privileged. In BEW Parking Corp., the “Defendant, which had[d] no employees, established, through specific affidavits of persons with knowledge, that its counsel… Read more »

Posted: July 8, 2016

Communications Regarding Ethical Obligations Not Subject to Disclosure Under Fiduciary Exception

On June 30, 2016, the First Department issued a decision in Stock v. Schnader Harrison Segal & Lewis LLP, 2016 NY Slip Op. 05247, holding that a law firm’s communications regarding its ethical obligations were not subject to disclosure in a litigation with a former client. In Stock, lawyers for the defendant law firm “sought… Read more »