You searched for: "Attorney-Client Privilege"
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June 7, 2024
Communications Among Counsel For Joint Venturers Not Privileged Where Counsel Is Representing Interests Of Joint Venturers Rather Than The Venture Itself
In an April 19, 2024 order, Justice Andrew Borrok addressed whether communications relating to a joint venture were protected from disclosure under the attorney-client privilege and/or work product protection. Read More
May 17, 2024
Privilege Waived Where Client’s Father Passed Messages Between Incarcerated Client and His Attorneys
On April 7, 2024, Justice Andrea Masley granted a petitioner’s motion to compel the production of communications from the law firm Hecht Partners, LLP in response to the petitioner’s judgment-enforcement subpoena. In TGT, LLC v. Joseph Meli, et al., Index No. 153682/2023, petitioner TGT, LLC sought communications between the law firm and its then-client, Joseph Meli, during a period when Meli had been incarcerated. Meli had relied on his father to communicate back-and-forth with the law firm. The Court rejected the law firm’s assertion of attorney-client privilege and the common interest exception, holding that the participation of Meli’s father in the communications had waived any privilege. The Court explained: Read More
February 21, 2024
Court Grants In Camera Review of Documents Despite Referee’s Decision, Noting Review is Standard Practice in Commercial Division
On January 20, 2024, Justice Andrea Masley granted a motion requesting in camera review of documents even after a discovery referee had declined to perform an in camera review. The decision in CWCapital Cobalt VR Ltd. v. CWCapital Investments LLC, et al., Index No. 653277/2018, vacated the referee’s order and allowed for in camera review of 35 emails exchanged between lawyers and nonlawyers over which the defendants had claimed attorney-client privilege. In granting the motion, Justice Masley indicated that in camera review has become common practice in the Commercial Division. The Court explained: Read More
