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, explaining:
The attorney transcription of a conference call does not constitute privileged material or attorney work product and therefore its voluntary disclosure by plaintiffs did not effectuate a broad subject matter waiver of otherwise privileged documents pertaining to the Newmark appraisal process. The transcript notes, on their face, are a rote transcription of a conference call among the various parties, counsel, and appraisal consultants. Defendants have not made any showing that the notes reflected any legal work, whether in the inclusion or presentation of the transcribed materials, or in the exclusion of any parts of the conference call. An attorney-created document consisting entirely of a rote transcription of such a conference call is no more privileged than transcription notes taken by a non-lawyer.
(Internal citations omitted).