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
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
On May 18, 2023, the First Department issued a decision in Fraiture v. Board of Directors of 44 King St., Inc., 2023 NY Slip Op. 02741, holding that a party was not entitled to privileged documents under the fiduciary exception . . . Continue reading Party Not Entitled to Privileged Documents Under Fiduciary Exception
On April 27, 2023, the First Department issued a decision in Talos Capital Designated Activity Co. v. 257 Church Holdings LLC, 2023 NY Slip Op. 02196, holding that a privileged communication may contain information relevant to the issues being litigated, does not, without more, place the contents of the privileged communication itself at issue . . . Continue reading That Privileged Communication Contains Relevant Information does not Place Contents at Issue
On December 13, 2022, the First Department issued a decision in Homapour v. Harounian, 2022 NY Slip Op. 07030, holding that communications were protected by the attorney-client privilege despite the presence of a third party . . . Continue reading Presence of Third Party Did Not Break Privilege
