You searched for: "Privilege/Work Product"
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October 2, 2024
Motion To Compel Compliance With Post-Judgment Subpoena Duces Tecum Granted Against Former Law Firm Retained By Committee Of Independent Directors
On August 23, 2024, Justice Andrew Borrok granted a judgment creditor’s post-judgment subpoena deuces tecum against the law firm, Steptoe LLP. In Altium Growth Fund, L.P., et al., v. Tingo Group Inc., Index No. 651910/2023, Steptoe LLP was retained by the Committee of Independent Directors of the judgment debtor to investigate claims of fraud by the company and its CEO. Steptoe LLP did not directly represent the judgment debtor, but the firm objected to the production of documents on the grounds of privilege. The Court granted the motion to compel, finding that no privilege attached to the sought-after documents and no opposition had been filed. It explained: Read More
July 19, 2024
Court Denies Motion To Compel Production Of Emails Based On Spousal Privilege
On June 10, 2024, Justice Melissa A. Crane denied defendant’s motion to compel production of emails plaintiff had inadvertently produced and then clawed back, asserting spousal privilege. In Gnann v. Morgan Stanley Smith Barney LLC, Index No. 650104/2023, plaintiff made a production that included the disputed emails between plaintiff and nonparty Robert Oldaker. At plaintiff’s EBT, spousal privilege was asserted as to these emails and plaintiff’s counsel then sought to claw back those emails. Defendant Mannato moved to compel. The Court denied the motion, explaining: Read More
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
December 29, 2023
Court Finds that Disclosure of Entire Email Server Did Not Result in a Waiver of the Attorney-Client Privilege over Certain Emails with Attorneys
On November 27, 2023, in White Oak Commercial Finance, LLC, v. EIA Inc., et al., Index No. 650346/2023, Justice Margaret Chan granted, in part, a motion for an order of protection sought by Defendants after the Plaintiff filed communications subject to Defendants’ attorney-client privilege on the court docket. Defendants had granted Plaintiff access to the entire contents of its email server, before the start of formal discovery, as part of a stipulation resolving an earlier motion for a preliminary injunction. Plaintiff later filed a second motion for preliminary injunction, which included a communication from the email server between some of the individual Defendants and their attorneys. Defendants sought a protective order preventing Plaintiff from reviewing or using any attorney-client communications located on the email server and preserving their attorney-client privilege. Read More
August 23, 2023
Substantive Time Entries in Attorney Invoices Not Privileged
On July 13, 2023, Justice Robert R. Reed of the New York County Commercial Division issued a decision in Mehra v. Morrisson Cohen LLP, 2023 NY Slip Op 50714(U), holding that substantive time entries in attorney invoices were not privileged and had to be produced by plaintiffs seeking attorneys' fees as part of their damages, explaining: Read More
March 21, 2022
Information about Law Firm's Other Clients Irrelevant to Plaintiffs' Claim that Firm Fraudulently Induced Them into Bogus Tax Shelter Scheme
In a Decision and Order dated February 4, 2022, in Berman v. Holland & Knight, Index No. 652466/2015, Justice Cohen denied plaintiffs' motion to compel its former attorneys from identifying clients who were advised about the same tax shelter strategy as were plaintiffs. Plaintiffs alleged that Holland & Knight lured them and other clients into investing millions of dollars in a bogus tax shelter scheme by giving them knowingly false legal advice in opinion letters. Denying the motion, the Court found that the privileged information that was sought was not relevant to their fraud claim: Read More
March 24, 2021
Common Interest Privilege Does No Protect Materials Produced to the Federal Emergency Management Agency
On March 9, 2021, Justice Borrok of the New York County Commercial Division issued a decision in New… Read More
March 21, 2021
Litigant Waived Privilege By Failing Timely to Cure Inadvertent Production of Privileged Document
On March 5, 2021, Justice Masley of the New York County Commercial Division issued a decision in Alr… Read More
February 16, 2021
Party Did Not Put Privileged Communications At Issue Where Claims Could be Litigated Without Relying on Privileged Communications
On February 9, 2021, the First Department issued a decision in Securitized Asset Funding 2011-2, Ltd… Read More
March 25, 2020
That Counsel Might Have Relevant Evidence is Insufficient to Create At-Issue Privilege Waiver
On March 3, 2020, Justice Scarpulla of the New York County Commercial Division issued a decision in … Read More
March 6, 2020
Third-Party's Presence Did Not Waive Attorney-Client Privilege
On March 3, 2020, the First Department issued a decision in Spicer v. GardaWorld Consulting (UK) Ltd… Read More
March 3, 2020
Employees' E-mails With Counsel Sent on Employer's Computer System Not Privileged
On February 11, 2020, Justice Scarpulla of the New York County Commercial Division issued a decision… Read More
December 29, 2019
Documents Prepared for Uses Other Than Litigation Cannot be Withheld for Production Even if They Also Were Prepared in Anticipation of Litigation
On December 20, 2019, the Fourth Department issued a decision in John Mezzalingua Assoc., LLC v. Tra… Read More
December 10, 2019
Privilege Determined by Law of Location of Trial or of Proceeding Seeking Discovery
On November 27, 2019, the Second Department issued a decision in Askari v. McDermott, Will & Eme… Read More
September 23, 2019
First Department Recognizes Narrow Exception to Rule that Privilege Rules Applied to Evidence Are Those of Forum in Which Evidence Will Be Used
On September 17, 2019, the First Department issued a decision in Ambac Assur. Corp. v. Nomura Credit… Read More
August 22, 2019
Documents Not Prepared in Anticipation of Litigation Not Entitled to Work-Product Protection
On August 7, 2019, Justice Borrok of the New York County Commerical Division issued a decision in Sp… Read More
July 17, 2019
Common Interest Privilege Does Not Apply to Merger Transaction
On July 9, 2019, the First Department issued a decision in Telx-New York, LLC v. 60 Hudson Owner LLC… Read More
June 27, 2019
Communications Seeking Legal Advice Through Third-Parties Privileged
On June 18, 2019, the First Department issued a decision in Perella Weinberg Partners LLC v. Kramer,… Read More
May 13, 2019
List of Witnesses to be Interviewed Not Privileged
On May 2, 2019, the First Department issued a decision in Gottwald v. Sebert, 2019 NY Slip Op. 0347… Read More
April 11, 2019
Counsel Waived Privilege by Forwarding E-mail Chain Containing Privileged Conversations to Opponent
On March 15, 2019, Justice Friedman of the New York County Commercial Division issued a decision in … Read More
March 17, 2019
Business Valuation Not Protected by Attorney-Client Privilege
On February 28, 2019, the Third Department issued a decision in Galasso v. Cobleskill Stone Prods.,… Read More
March 4, 2019
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 Sli… Read More
December 25, 2018
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… Read More
November 17, 2018
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 i… Read More
September 15, 2018
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… Read More
August 22, 2018
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… Read More
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 T… Read More
August 6, 2018
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 Ant… Read More
July 7, 2018
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 Ken… Read More
June 30, 2018
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. … Read More
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. 0381… Read More
January 30, 2018
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 N… Read More
November 13, 2017
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… Read More
June 11, 2017
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 … Read More
May 31, 2017
In Deciding Privilege Issues, Court Applies Law of Place of Trial
On May 23, 2017, the First Department issued a decision in Matter of People of the State of New York… Read More
April 25, 2017
Communications With Insurance Brokers Not Privileged
On April 17, 2017, Justice Bransten of the New York County Commercial Division issued a decision in … Read More
November 2, 2016
Texas Accountant-Client Privilege Does Not Cover Response to NY AG Subpoena
On October 26, 2016, Justice Ostrager of the New York County Commercial Division issued a decision i… Read More
October 30, 2016
Defendant's RMBS Breach Analyses Not Protected Work Product
On October 12, 2016, Justice Bransten of the New York County Commercial Division issued a decision i… Read More
October 5, 2016
Non-Party Did Not Waive Common Interest Privilege
On September 29, 2016, the First Department issued a decision in 21st Century Diamond, LLC v. Allfie… Read More
August 20, 2016
Law Firm Records Ordered Produced Under Crime-Fraud Exception
On August 11, 2016, Justice Bransten of the New York County Commercial Division issued a decision in… Read More
July 14, 2016
Communications by Defendant's Counsel to Defendant's Agents Held to be Privileged
On July 5, 2016, the First Department issued a decision in BEW Parking Corp. v. Apthorp Associates L… Read More
July 8, 2016
Communications Regarding Ethical Obligations Not Subject to Disclosure Under Fiduciary Exception
On June 30, 2016, the First Department issued a decision in Stock v. Schnader Harrison Segal & Lewis… Read More
June 14, 2016
For Common Interest Privilege to Apply, Communications Must Relate to Litigation
On June 9, 2016, the Court of Appeals issued a decision in Ambac Assurance Corp. v. Countrywide Home… Read More
April 3, 2016
LLC Member's Communications with LLC's Counsel Not Privileged in Dispute Over LLC Ownership
On March 17, 2016, Justice Oing of the New York County Commercial Division issued a decision in Meis… Read More
February 14, 2016
Involving Consultants in Communications Did Not Vitiate Attorney-Client Privilege
On January 11, 2016, Justice Friedman of the New York County Commercial Division issued a decision i… Read More
October 21, 2015
Defendant Waived Attorney-Client Privilege Over Complete Board Minutes by Using Partial Minutes
On October 20, 2015, the First Department issued a decision in Banach v. Dedalus Foundation, Inc., 2… Read More
October 15, 2015
First Department Analyzes Scope And Application Of The Fiduciary Exception To Attorney-Client Privilege
On October 8, 2015, the First Department issued a decision in NAMA Holdings, LLC v. Greenberg Trauri… Read More
January 18, 2015
Client Bound by Conflict Waiver With Counsel
On January 9, 2015, Justice Kornreich of the New York County Commercial Division issued a decision i… Read More
January 2, 2015
Communications with Accountant Not Privileged When No Record That He Was Engaged By and For Counsel
On December 19, 2014, Justice Kornreich of the New York County Commercial Division issued a decision… Read More
December 23, 2014
Intra-Law Firm Emails Relevant To Conflict Of Interest Not Protected From Disclosure In Malpractice Action
On December 5, 2014, Justice Schweitzer of the New York County Commercial Division issued a decision… Read More
December 12, 2014
Foreign Communications Subject to New York Privilege Rules When Discovery Order Provides that Discovery Will be Conducted Under the CPLR
On December 4, 2014, the First Department issued a decision in Sebastian Holdings, Inc. v. Deutsche … Read More
December 9, 2014
Joint Defense Privilege Can Exist in Absence of Threatened or Pending Litigation
On December 4, 2014, the First Department issued a decision in Ambac Assurance Corp. v. Countrywide … Read More
June 16, 2014
First Department Addresses Disclosure of Documents That Are Privileged as to Only Some Parties
On June 10, 2014, the First Department issued a decision in Arkin Kaplan Rice LLP v. Kaplan, 2014 NY… Read More
January 11, 2014
No At Issue Waiver of Privilege When Party Chooses Not to Use Privileged Documents in Litigation
On December 30, 2013, Justice Kornreich of the New York County Commercial Division issued a decision… Read More
November 20, 2013
Work Product Protection Not Waived by Referring to Work Product in Complaint
On November 14, 2013, the First Department issued a decision in Assured Guaranty Municipal Corp. v. … Read More
October 17, 2013
Common Interest Privilege Limited to Litigation Context
On October 16, 2013, Justice Bransten of the New York County Commercial Division issued a decision i… Read More
October 16, 2013
Court Orders Disclosure of Work Product When Counsel Creates the Appearance of Manipulating Witness Testimony
On October 3, 2013, Justice Kornreich of the New York County Commercial Division issued a decision i… Read More
