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Commercial Division Blog

Current Developments in the Commercial Divisions of the
New York State Courts by Schlam Stone & Dolan LLP
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 into a common-interest agreement out of a reasonable concern that third-party plaintiffs might decide to add Sterling as a third-party defendant. Hence, the common-interest doctrine applies to protect otherwise privileged communications between these parties from disclosure.

(Internal quotations and citations omitted).

An issue that arises in almost all complex commercial litigation is identifying evidence that should be withheld from production in evidence because it is subject to the attorney-client or other privilege. Contact Schlam Stone & Dolan partner John Lundin at jlundin@schlamstone.com if you or a client have questions regarding the attorney-client, common interest, work product or other privileges or exemptions from production of evidence.

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