Commercial Division Blog: Current Developments in the Commercial Divisions of the New York State Courts

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March 24, 2021 Common Interest Privilege Does No Protect Materials Produced to the Federal Emergency Management Agency
On March 9, 2021, Justice Borrok of the New York County Commercial Division issued a decision in New… Read More
March 21, 2021 Litigant Waived Privilege By Failing Timely to Cure Inadvertent Production of Privileged Document
On March 5, 2021, Justice Masley of the New York County Commercial Division issued a decision in Alr… Read More
February 16, 2021 Party Did Not Put Privileged Communications At Issue Where Claims Could be Litigated Without Relying on Privileged Communications
On February 9, 2021, the First Department issued a decision in Securitized Asset Funding 2011-2, Ltd… Read More
March 25, 2020 That Counsel Might Have Relevant Evidence is Insufficient to Create At-Issue Privilege Waiver
On March 3, 2020, Justice Scarpulla of the New York County Commercial Division issued a decision in … Read More
March 6, 2020 Third-Party's Presence Did Not Waive Attorney-Client Privilege
On March 3, 2020, the First Department issued a decision in Spicer v. GardaWorld Consulting (UK) Ltd… Read More
March 3, 2020 Employees' E-mails With Counsel Sent on Employer's Computer System Not Privileged
On February 11, 2020, Justice Scarpulla of the New York County Commercial Division issued a decision… Read More
December 29, 2019 Documents Prepared for Uses Other Than Litigation Cannot be Withheld for Production Even if They Also Were Prepared in Anticipation of Litigation
On December 20, 2019, the Fourth Department issued a decision in John Mezzalingua Assoc., LLC v. Tra… Read More
December 10, 2019 Privilege Determined by Law of Location of Trial or of Proceeding Seeking Discovery
On November 27, 2019, the Second Department issued a decision in Askari v. McDermott, Will & Eme… Read More
September 23, 2019 First Department Recognizes Narrow Exception to Rule that Privilege Rules Applied to Evidence Are Those of Forum in Which Evidence Will Be Used
On September 17, 2019, the First Department issued a decision in Ambac Assur. Corp. v. Nomura Credit… Read More
August 22, 2019 Documents Not Prepared in Anticipation of Litigation Not Entitled to Work-Product Protection
On August 7, 2019, Justice Borrok of the New York County Commerical Division issued a decision in Sp… Read More
July 17, 2019 Common Interest Privilege Does Not Apply to Merger Transaction
On July 9, 2019, the First Department issued a decision in Telx-New York, LLC v. 60 Hudson Owner LLC… Read More
June 27, 2019 Communications Seeking Legal Advice Through Third-Parties Privileged
On June 18, 2019, the First Department issued a decision in Perella Weinberg Partners LLC v. Kramer,… Read More
May 13, 2019 List of Witnesses to be Interviewed Not Privileged
On May 2, 2019, the First Department issued a decision in Gottwald v. Sebert, 2019 NY Slip Op. 0347… Read More
April 11, 2019 Counsel Waived Privilege by Forwarding E-mail Chain Containing Privileged Conversations to Opponent
On March 15, 2019, Justice Friedman of the New York County Commercial Division issued a decision in … Read More
March 17, 2019 Business Valuation Not Protected by Attorney-Client Privilege
On February 28, 2019, the Third Department issued a decision in Galasso v. Cobleskill Stone Prods.,… Read More
March 4, 2019 Plaintiff Did Not Waive Privilege; Subpoena to Plaintiff's Counsel Should Have Been Quashed
On February 21, 2019, the First Department issued a decision in Henneberry v. Borstein, 2019 NY Sli… Read More
December 25, 2018 Defendant Did Not Waive Attorney-Client Privilege
On December 13, 2018, the First Department issued a decision in U.S. Bank Natl. Assn. v. Lightstone… Read More
November 17, 2018 Valuation Prepared as Part of Joint Venture's Break Up Not Privileged
On November 9, 2018, Justice Schecter of the New York County Commercial Division issued a decision i… Read More
September 15, 2018 Common Interest Privilege Covers Later Exchange of Privileged Documents Created Before the Privilege Existed
On August 30, 2018, Justice Schecter of the New York County Commercial Division issued a decision on… Read More
August 22, 2018 Duress Defense Put Party's Communications With Counsel at Issue, Waiving Privilege
On August 5, 2018, Justice Nowak of the Erie County Commercial Division issued a decision in Jones v… Read More
August 10, 2018 Common Interest Privilege Barred Disclosure of Documents
On August 9, 2018, the First Department issued a decision in 21st Century Diamond, LLC v. Allfield T… Read More
August 6, 2018 Party Waives Work Product Protection By Voluntarily Producing Documents to SEC
On July 25, 2018, Justice Masley of the New York County Commercial Division issued a decision in Ant… Read More
July 7, 2018 Crime-Fraud Exception Does Not Apply to Challenged Privilege Claims
On June 21, 2018, Justice Masley of the New York County Commercial Division issued a decision in Ken… Read More
June 30, 2018 Court Upholds Common Interest Privilege Claim Relating to Documents That Did Not Relate Solely to Contemplation or Prosecution of Litigation
On June 21, 2018, the First Department issued a decision in Elmrock Opportunity Master Fund I, L.P. … Read More
May 30, 2018 Communications With Press Agents Not Privileged
On May 29, 2018, the First Department issued a decision in Gottwald v. Sebert, 2018 NY Slip Op. 0381… Read More
January 30, 2018 Documents Protected from Production Under Common Interest Privilege
On January 24, 2018, the Second Department issued a decision in Saint Annes Dev. Co. v. Russ, 2018 N… Read More
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… Read More
June 11, 2017 Court Finds Subject Matter Waiver of Attorney-Client Privilege
On June 5, 2017, Justice Oing of the New York County Commercial Division issued a decision in Siras … Read More
May 31, 2017 In Deciding Privilege Issues, Court Applies Law of Place of Trial
On May 23, 2017, the First Department issued a decision in Matter of People of the State of New York… Read More
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 … Read More
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 i… Read More
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 i… Read More
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. Allfie… Read More
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… Read More
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 L… Read More
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… Read More
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… Read More
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 Meis… Read More
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 i… Read More
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., 2… Read More
October 15, 2015 First Department Analyzes Scope And Application Of The Fiduciary Exception To Attorney-Client Privilege
On October 8, 2015, the First Department issued a decision in NAMA Holdings, LLC v. Greenberg Trauri… Read More
January 18, 2015 Client Bound by Conflict Waiver With Counsel
On January 9, 2015, Justice Kornreich of the New York County Commercial Division issued a decision i… Read More
January 2, 2015 Communications with Accountant Not Privileged When No Record That He Was Engaged By and For Counsel
On December 19, 2014, Justice Kornreich of the New York County Commercial Division issued a decision… Read More
December 23, 2014 Intra-Law Firm Emails Relevant To Conflict Of Interest Not Protected From Disclosure In Malpractice Action
On December 5, 2014, Justice Schweitzer of the New York County Commercial Division issued a decision… Read More
December 12, 2014 Foreign Communications Subject to New York Privilege Rules When Discovery Order Provides that Discovery Will be Conducted Under the CPLR
On December 4, 2014, the First Department issued a decision in Sebastian Holdings, Inc. v. Deutsche … Read More
December 9, 2014 Joint Defense Privilege Can Exist in Absence of Threatened or Pending Litigation
On December 4, 2014, the First Department issued a decision in Ambac Assurance Corp. v. Countrywide … Read More
June 16, 2014 First Department Addresses Disclosure of Documents That Are Privileged as to Only Some Parties
On June 10, 2014, the First Department issued a decision in Arkin Kaplan Rice LLP v. Kaplan, 2014 NY… Read More
January 11, 2014 No At Issue Waiver of Privilege When Party Chooses Not to Use Privileged Documents in Litigation
On December 30, 2013, Justice Kornreich of the New York County Commercial Division issued a decision… Read More
November 20, 2013 Work Product Protection Not Waived by Referring to Work Product in Complaint
On November 14, 2013, the First Department issued a decision in Assured Guaranty Municipal Corp. v. … Read More
October 17, 2013 Common Interest Privilege Limited to Litigation Context
On October 16, 2013, Justice Bransten of the New York County Commercial Division issued a decision i… Read More
October 16, 2013 Court Orders Disclosure of Work Product When Counsel Creates the Appearance of Manipulating Witness Testimony
On October 3, 2013, Justice Kornreich of the New York County Commercial Division issued a decision i… Read More