Posts Categorized: Privilege/Work Product

Posted: 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 & Capital, Inc., 2019 NY Slip Op. 06574, recognizing a narrow exception to the rule that the law regarding the attorney-client privilege applied to evidence is that of the forum in which the evidence will be used, explaining:... Read more »

Posted: September 11, 2019

Insurer’s Claims-Handling Documents Not Privileged Even If Prepared By Attorneys

On August 30, 2019, Justice Masley of the New York County Commercial Division issued a decision in Otsuka Am., Inc. v. Crum & Forster Specialty Ins. Co., Index No. 650463/2019, ruling that coverage opinions prepared by outside counsel for an insurer are discoverable, explaining:   In the context of insurance, the payment or rejection of... Read more »

Posted: 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 Spicer v. Gardaworld Consulting (UK) Ltd., 2019 NY Slip Op. 32375(U), holding that documents that were not prepared in anticipation of litigation are not entitled to work product protection, explaining: Gardaworld argues that the Post-Closing Documents are not... Read more »

Posted: 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, 2019 NY Slip Op. 04896, holding that communications seeking legal advice made through third parties nonetheless were privileged, explaining: Nonparty respondents were seeking legal advice through third parties and had a reasonable expectation that their communications would remain... Read more »

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 »