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 »
Blogs
Posts Categorized: Privilege/Work Product
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 »
Communications With Press Agents Not Privileged
On May 29, 2018, the First Department issued a decision in Gottwald v. Sebert, 2018 NY Slip Op. 03819, holding that communications with press agents were not privileged, explaining: The court properly granted plaintiffs’ motion to compel Kesha to produce documents. The communications between her counsel and press agents do not reflect a discussion of… Read more »
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 »
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 »
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 Partners LLC v. Activity Kuafu Hudson Yards LLC, 2017 NY Slip Op. 31216(U), holding that a party had waived the attorney-client privilege, explaining: [The plaintiff] proffers an email dated March 24, 2016 from Dai to a third-party… Read more »