Protecting Communications And Work Product After ‘Ambac II’

August 31, 2016

Under New York law, the attorney-client privilege is generally waived if the privileged communication is made in the presence of, or is disclosed to, a third party. A significant exception to this general rule is the common interest doctrine, which holds that the disclosed communication remains privileged if the third party shares a common legal interest with the client and the communication is made in furtherance of that interest. Until recently, counsel and clients doing business in New York operated under the reasonable expectation that “a common legal interest” includes communications made in furtherance of non-litigation matters where the parties had a common legal interest.

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