Fiduciary Exception to Attorney-Client Privilege Protection Does Not Apply Where Fiduciary Seeks Advice to Protect its Interests in Litigation 

Fiduciary Exception to Attorney-Client Privilege Protection Does Not Apply Where Fiduciary Seeks Advice to Protect its Interests in Litigation 

On July 29, 2022, Justice Reed of the New York County Commercial Division issued a decision in Brawer v. Lepor, 2022 NY Slip Op. 50694(U), holding that the fiduciary exception to attorney-client protection does not apply when the fiduciary seeks legal advice to protect its own interests in litigation . . . Continue reading Fiduciary Exception to Attorney-Client Privilege Protection Does Not Apply Where Fiduciary Seeks Advice to Protect its Interests in Litigation 

Plaintiff’s Claims Dismissed Due to His Invocation of his Fifth Amendment Rights When Being Deposed

Plaintiff’s Claims Dismissed Due to His Invocation of his Fifth Amendment Rights When Being Deposed

On June 22, 2022, Justice Cohen of the New York County Commercial Division issued a decision in Small v. DMRJ Group LLC, 2022 NY Slip Op. 31956(U), dismissing a plaintiff’s claims because of his invocation if his Fifth Amendment rights when being deposed . . . Continue reading Plaintiff’s Claims Dismissed Due to His Invocation of his Fifth Amendment Rights When Being Deposed

Communication Regarding Issue That is Not in Dispute is Not Protected by the Settlement Communication Privilege

Communication Regarding Issue That is Not in Dispute is Not Protected by the Settlement Communication Privilege

On April 30, 2022, Justice Masley of the New York County Commercial Division issued a decision in Satterfield v. VStock Transfer, LLC, 2022 NY Slip Op. 31446(U), holding that an e-mail regarding an issue that was not in dispute was not protected by the CPLR 4547 settlement communication privilege . . . Continue reading Communication Regarding Issue That is Not in Dispute is Not Protected by the Settlement Communication Privilege

Client Waived Attorney-Client Privilege by Testifying that it Acted on Advice of Counsel

Client Waived Attorney-Client Privilege by Testifying that it Acted on Advice of Counsel

On March 25, 2022, Justice Masley of the New York County Commercial Division issued a decision in Pala Assets Holdings Ltd v. Rolta, LLC, 2022 NY Slip Op. 30996(U), holding that a client waived the attorney-client privilege by testifying that it acted on the advice of its counsel . . . Continue reading Client Waived Attorney-Client Privilege by Testifying that it Acted on Advice of Counsel

Party Not Allowed to Present at Trial Document it had Withheld as Privileged During Discovery

Party Not Allowed to Present at Trial Document it had Withheld as Privileged During Discovery

On April 14, 2022, the First Department issued a decision in Gottwald v. Sebert, 2022 NY Slip Op. 02492, holding that a party should not have been allowed to present at trial a document that it had withheld as privileged during discovery . . . Continue reading Party Not Allowed to Present at Trial Document it had Withheld as Privileged During Discovery

Defendants’ Use of Testimony of Other Defendants’ Attorney Did Not Waive Privilege

Defendants’ Use of Testimony of Other Defendants’ Attorney Did Not Waive Privilege

On July 22, 2021, the First Department issued a decision in U.S. Bank Natl. Assn. v. Lightstone Holdings LLC, 2021 NY Slip Op. 04537, holding that when defendants that had not been represented by an attorney used that attorney’s testimony, it did not waive the privilege for other defendants, who had been clients . . . Continue reading Defendants’ Use of Testimony of Other Defendants’ Attorney Did Not Waive Privilege