Fiduciary Exception to Attorney-Client Privilege Does Not Apply When Fiduciary Duties Have Been Waived
Commercial Case Notes / Privilege/Work Product

Fiduciary Exception to Attorney-Client Privilege Does Not Apply When Fiduciary Duties Have Been Waived

On December 12, 2024, Justice Cohen of the New York County Commercial Division issued a decision in AmBase Corp. v. 111 W. 57th Sponsor LLC, 2024 NY Slip Op. 34400(U), holding that the fiduciary exception to attorney-client privilege does not apply when fiduciary duties have been waived . . . Continue reading Fiduciary Exception to Attorney-Client Privilege Does Not Apply When Fiduciary Duties Have Been Waived

Communications Between Businesspeople Privileged When it Contained Communications Intended for Counsel
Commercial Case Notes / Privilege/Work Product

Communications Between Businesspeople Privileged When it Contained Communications Intended for Counsel

On November 29, 2024, Justice Cohen of the New York County Commercial Division issued a decision in ARC NYWWPJV001, LLC v. WWP JV LLC, 2024 NY Slip Op. 34298(U), holding that communications between businesspeople are privileged with they contained communications intended for counsel . . . Continue reading Communications Between Businesspeople Privileged When it Contained Communications Intended for Counsel

Party’s Attorney-Client Privilege Not Waived by Communications With Outsiders Who Were Working on the Party’s Behalf
Commercial Case Notes / Privilege/Work Product

Party’s Attorney-Client Privilege Not Waived by Communications With Outsiders Who Were Working on the Party’s Behalf

On April 19, 2024, Justice Borrok of the New York County Commercial Division issued a decision in Mesquite Cr. Wind LLC v. Mars Wind, Inc., 2024 NY Slip Op. 31470(U), holding that a party did not waive the attorney-client privilege by communicating with outsiders who were working on the party’s behalf . . . Continue reading Party’s Attorney-Client Privilege Not Waived by Communications With Outsiders Who Were Working on the Party’s Behalf

Defendant Entitled to Unredacted Invoices Supporting Claim for Damages Based on Attorneys’ Fees
Commercial Case Notes / Discovery/Disclosure / Indemnification, Advancement and Attorneys' Fees / Privilege/Work Product

Defendant Entitled to Unredacted Invoices Supporting Claim for Damages Based on Attorneys’ Fees

On July 13, 2023, Justice Reed of the New York County Commercial Division issued a decision in Mehra v. Morrison Cohen LLP, 2023 NY Slip Op. 50714(U), holding that a defendant was entitled to unredacted invoices supporting a claim for damages based on attorneys’ fees . . . Continue reading Defendant Entitled to Unredacted Invoices Supporting Claim for Damages Based on Attorneys’ Fees