On March 26, 2026, the First Department issued a decision in AAEB5 Fund 17, LLC v. Duval & Stachenfeld, LLP, 2026 NY Slip Op. 01838, holding that a party may have waived privilege by putting their counsel’s advice at issue . . . Continue reading Party Waived Privilege By Putting Attorney Advice at Issue
On March 26, 2026, the First Department issued a decision in Richmond Global Compass Fund Mgt. GP, LLC v. Nascimento, 2026 NY Slip Op. 01862, holding that non-parties must provide privilege logs . . . Continue reading Non-Parties Must Provide Privilege Logs
On March 19, 2026, the First Department issued a decision in Gurney-Goldman v. Soil Mgt. LLC, 2026 NY Slip Op. 01596, holding that an attorney transcription of a non-privileged conversation was not privileged . . . Continue reading Attorney Transcription of a Non-Privileged Conversation Not Privileged
On February 4, 2026, Justice Patel of the New York County Commercial Division issued a decision in Lateral Inv. Mgt., LLC v. Marcum, LLP, 2026 NY Slip Op. 30413(U), holding that disclosure of a privileged document to a third party waived privilege for the whole document . . . Continue reading Disclosure of Redacted Version of Privileged Document Waived Privilege for Entire Document
On December 3, 2025, Justice Cohen of the New York County Commercial Division issued a decision in Berkovec v. Blue Matrix I, LLC, 2025 NY Slip Op. 34667(U), holding that Continue reading Name of Potential Client Not Privileged
On October 30, 2025, the First Department issued a decision in AT&T Mobility Holdings B.V. v. Grupo Salinas Telecom, S.A., 2025 NY Slip Op. 06016, holding that a receiver was entitled to access to the privileged communications of counsel of the entity it controls . . . Continue reading Receiver Granted Access to Privileged Communications of Entities it Controls
On August 28, 2025, Justice Bannon of the New York County Commercial Division issued a decision in AREPIII MVTS, LLC v. El-Gamal, 2025 NY Slip Op. 33243(U), holding that the attorney-client privilege was waived by the presence of a vendor . . . Continue reading Privilege Waived by Presence of Vendor
On February 11, 2025, the First Department issued a decision in ROAM Capital, Inc. v. Asia Alternatives Mgt. LLC, 2025 NY Slip Op. 00798, holding that documents withheld as privileged but not recorded on a privilege log must be produced . . . Continue reading Documents Withheld as Privileged But Not Recorded on Privilege Log Ordered Produced
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
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
