‘Systemic Failure’ Waived Law Memo’s Protections, New York Justice Affirms

Mealey's (August 15, 2016, 12:33 PM EDT) -- NEW YORK — The “systemic failures” of a company to adequately protect an internal memo in which in-house counsel provides guidance on asbestos litigation constitutes waiver of privilege under New York law, a state court justice held in an opinion posted July 25 (Richard Warren v. Amchem Products Inc., et al., No. 190281/2014, N.Y. Sup., New York Co.).

(Opinion available. Document #01-160817-018Z.)

Mesothelioma-sufferer Richard Warren brought in the New York County Supreme Court. Warren named numerous companies whose conduct allegedly exposed him to asbestos. Warren sought...
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