New York High Court: Attorney-Client Privilege Must Relate To Litigation

(June 10, 2016, 2:27 PM EDT) -- ALBANY, N.Y. — Reversing an appeals court’s ruling, a New York Court of Appeals majority on June 9 held that the attorney-client privilege is waived when purportedly confidential documents sought via discovery are shared with a separately represented third party without “pending or reasonably anticipated litigation” (Ambac Assurance Corp., et al. v. Countrywide Home Loans Inc., et al., No. 80, N.Y. App.; 2016 N.Y. LEXIS 1649; 2016 NY Slip Op 04439).

(Decision available. Document #68-160714-001Z.)

In so holding, the majority ruled that the common interest exception...
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