No Work Product Privilege Among Potential Adversaries

August 16, 2022  |  New York Law Journal

When parties with a common interest share attorney work product with each other in anticipation of litigation, the parties often expect that the work product will be immune from disclosure in the subsequent litigation. In our latest article for the New York Law Journal, “No Work Product Privilege Among Potential Adversaries,” we discuss how such documents may be discoverable if, at the time of disclosure, that third party was foreseeably a potential adversary, and the documents concerned the subject matter of their potential dispute.

No Work Product Privilege Among Potential Adversaries (pdf | 360.30 KB)