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
On November 22, 2022, the First Department issued a decision in Pala Assets Holding Ltd. v. Rolta, LLC, 2022 NY Slip Op. 06642, holding that a CEO’s testimony that a company acted on the advice of counsel waived the attorney-client privilege . . . Continue reading CEO’s Testimony That Company Acted on Advice of Counsel Waived Privilege
On November 1, 2022, the First Department issued a decision in 2138747 Ontario Inc. v. Lehman Bros. Holdings, Inc., 2022 NY Slip Op. 06087, holding that the allegations in a legal malpractice complaint did not waive the attorney-client privilege in a related action . . . Continue reading Legal Malpractice Complaint’s Allegations Did Not Waive Privilege in Related Action
On September 27, 2022, the First Department issued a decision in BDO USA, LLP v. Franz, 2022 NY Slip Op. 05265, holding that interviews conducted as part of an internal investigation were not privileged or entitled to attorney work product protection . . . Continue reading Interviews Conducted as Part of Internal Investigation Not Privileged or Entitled to Work Product Protection
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
On July 8, 2022, Justice Masley of the New York County Commercial Division issued a decision in Principia Partners LLC v Swap Fin. Group, LLC, 2022 NY Slip Op. 32220(U), holding that disclosing the results of counsel’s internal investigation waived privilege . . . Continue reading Disclosing Results of Counsel’s Internal Investigation Waived Privilege
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
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
