Blogs

Posts Categorized: Privilege/Work Product

Posted: 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 Semsysco GMBH v. Global Foundreis Inc., 2019 NY Slip Op. 30664(U), holding that counsel waived the attorney-client privilege by forwarding an e-mail chain containing privileged conversations to an opponent, explaining: CPLR 4503(a)(1) provides that unless the client waives... Read more »

Posted: 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., Inc., 2019 NY Slip Op. 01483, holding that a business valuation was not protected by the attorney-client privilege, explaining: The attorney-client privilege shields from disclosure any confidential communications between an attorney and his or her client made for the purpose... Read more »

Posted: 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 Slip Op. 01326, holding that the plaintiff did not waive the attorney-client privilege and that therefore a subpoena to the plaintiff’s counsel should have been quashed, explaining: The record does not establish that plaintiff affirmatively waived her attorney-client privilege with... Read more »

Posted: 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 Holdings LLC, 2018 NY Slip Op. 08556, holding that there had been no waiver of the attorney-client privilege, explaining: The motion court properly found that no subject matter waiver of the privilege had occurred. Although the privileged information sought by... Read more »

Posted: 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 in Noven Pharms., Inc. v. Novartis Pharms. Corp., 2018 NY Slip Op. 32851(U), holding that a valuation prepared as part of a joint venture’s break up was not privileged, explaining: Novartis has the burden of establishing that the valuation report... Read more »

Posted: 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 PMC Aviation 2012-1 LLC v. Jet Midwest Group LLC, 2018 NY Slip Op. 32142(U), holding that the common interest privilege covers the later of exchange of privileged documents created before the common interest existed, explaining: The Court of Appeals recently... Read more »

Posted: 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. Biloh, 2018 NY Slip Op. 31949(U), holding that a party had waived privilege because its duress defense had put its communications with counsel at issue, explaining: In paragraph 145 of the answer, defendants allege: Soon after executing... Read more »

Posted: 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 Trading, LLC, 2018 NY Slip Op. 05732, holding that the common interest privileged barred disclosure of documents exchanged pursuant to a common interest agreement, explaining: The record supports the contention of third-party defendants and Sterling that they entered... Read more »

Posted: 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 Antipodean Dom. Partners, L.P. v. Clovis Oncology, Inc., 2018 NY Slip Op. 31812(U), holding that a party had waived work product protection by voluntarily producing documents to the SEC, explaining: Generally, voluntary disclosure of privileged communication waives privilege... Read more »