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
On September 27, 2024, Justice Borrok of the New York County Commercial Division issued a decision in Camelot Event Driven Fund, a Series of Frank Funds Trust v. Morgan Stanley & Co. LLC, 2024 NY Slip Op. 51352(U), holding that 10b-5 letters were not privileged or work product . . . Continue reading 10b-5 Letters Not Privileged or Work Product
In September 19, 2024, Justice Chan of the New York County Commercial Division issued a decision in Prospect Capital Corp. v. Morgan Lewis & Bockius LLP, 2024 NY Slip Op. 33322(U), refusing to recognize a mediation privilege . . . Continue reading Court Refuses to Recognize Mediation Privilege
On September 25, 2024, the Second Department issued a decision in Joseph v. Rassi, 2024 NY Slip Op. 04548, holding that a party may not unilaterally elect to use a categorical privilege log . . . Continue reading Party May Not Unilaterally Elect to Use a Categorical Privilege Log
On May 23, 2024, Justice Schecter of the New York County Commercial Division issued a decision in Roam Capital, Inc. v. Asia Alternatives Mgt. LLC, 2024 NY Slip Op. 31811(U), holding that a party waived privilege by including family members on communications . . . Continue reading Communications to Family Members Waived Privilege
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
On August 4, 2023, Justice Reed of the New York County Commercial Division issued a decision in West 87 LP v. Paul Hastings LLP, 2023 NY Slip Op. 50821(U), holding that the common interest privileged shielded documents shown to third-parties from production . . . Continue reading Documents Shielded From Production by Common Interest Privilege
