Communications Between Businesspeople Privileged When it Contained Communications Intended for Counsel

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, explaining:

The attorney-client privilege protects from disclosure communications among corporate employees that reflect advice rendered by counsel to the corporation.

This Isaacson Email contains a privileged communication and was properly redacted. The fact that the redacted communication is between SLG business personnel does not preclude a finding of privilege when, in context, it constitutes a request for legal advice. Here, the redacted paragraph sets forth a proposed legal conclusion for review by counsel. The communication was forwarded to counsel the same day. The Court finds that the unredacted version of the Isaacson Email is appropriately withheld as privileged.

(Internal citations omitted).

Stay Informed

Get email updates anytime we publish to one or all of our blogs.

Stay informed!
Sign up for email alerts and notifications here.
Read more about our Complex Commercial Litigation practice.