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Current Developments in the Commercial Divisions of the
New York State Courts
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 to her defense of defendant’s counterclaims. Defendant waived its attorney-client privilege regarding the requested minutes of a board meeting, by using portions of those minutes during a deposition and by placing the contents of the minutes at issue.

(Internal quotations and citations omitted) (emphasis added).

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