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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: May 30, 2018

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 legal strategy relevant to the pending litigation but, rather, a discussion of a public relations strategy, and are not protected under the attorney-client privilege. Kesha also failed to satisfy her burden to establish that the documents sought were protected work product.

(Internal 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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