Blogs

Posts Categorized: Privilege/Work Product

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 »

Posted: June 14, 2016

For Common Interest Privilege to Apply, Communications Must Relate to Litigation

On June 9, 2016, the Court of Appeals issued a decision in Ambac Assurance Corp. v. Countrywide Home Loans, Inc., 2016 NY Slip Op. 04439, holding that for the common interest privilege to apply, the communications must relate to litigation, explaining: This case concerns a related, but distinct, exception to the general rule that the… Read more »

Posted: April 3, 2016

LLC Member’s Communications with LLC’s Counsel Not Privileged in Dispute Over LLC Ownership

On March 17, 2016, Justice Oing of the New York County Commercial Division issued a decision in Meissner v. Tracy Yun, 2016 NY Slip Op. 30468(U), holding that an LLC’s member’s communications with the LLC’s counsel were not protected by the attorney-client privilege, explaining: For a party to assert this privilege, an attorney-client relationship must… Read more »

Posted: February 14, 2016

Involving Consultants in Communications Did Not Vitiate Attorney-Client Privilege

On January 11, 2016, Justice Friedman of the New York County Commercial Division issued a decision in Lehman Brothers International (Europe) (in administration) v. AG Financial Products, Inc., 2016 NY Slip Op. 30187(U), holding that the attorney-client privilege was not vitiated by including consultants in communications. In Lehman Brothers, a dispute arose regarding whether documents… Read more »

Posted: October 21, 2015

Defendant Waived Attorney-Client Privilege Over Complete Board Minutes by Using Partial Minutes

On October 20, 2015, the First Department issued a decision in Banach v. Dedalus Foundation, Inc., 2015 NY Slip Op. 07602, holding that a defendant had waived the attorney-client privilege regarding board meeting minutes, explaining: The court should have compelled disclosure of all materials and information requested by plaintiff, as the requested discovery is relevant… Read more »