Posts Categorized: Privilege/Work Product

Posted: 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 Kenyon & Kenyon LLP v. Sightsound Technologies, LLC, 2018 NY Slip Op. 31282(U), holding that the crime-fraud exception did not apply to challenged privilege claims, explaining: According to the Firm, during a SightSound board meeting to ratify the… Read more »

Posted: 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. v. Citicorp North America, Inc., 2018 NY Slip Op. 04665, upholding a common interest privilege claim relating to documents that did not relate solely to the contemplation or prosecution of litigation, explaining it was affirming an order “to… Read more »

Posted: 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 NY Slip Op. 00451, holding that documents were protected by the common interest privilege, explaining: The common-interest privilege is an exception to the traditional rule that the presence of a third party waives the attorney-client privilege. To… Read more »

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 »