Category: Privilege/Work Product

On April 9, 2026, Justice Masley of the New York County Commercial Division issued a decision in Chaowai 101 AOA LLC v. 101 A of A LLC, 2026 NY Slip Op. 31493(U), holding that the new controlling member of a business was not entitled to pre-change of control privileged communications if they related to a dispute in which the old and new controlling members were adverse . . . Continue reading New Controlling Member Not Entitled to Pre-Change of Control Privileged Communications if They Related to a Dispute in Which Old and New Controlling Members Were Adverse

On April 14, 2026, the First Department issued a decision in Prospect Capital Corp. v. Morgan Lewis & Bockius LLP, 2026 NY Slip Op. 02220, holding that a party waived the attorney-client privilege by placing its reliance on counsel’s advice at issue . . . Continue reading Privilege Waived by Putting Counsel’s Advice at Issue

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