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 »
Blogs
Posts Categorized: Privilege/Work Product
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 »
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 »
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 »
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 »
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 »
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 »
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 »
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 »
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 »