Non-Lawyer Employee Discussion of General Counsel’s Legal Advice Does Not Waive Privilege

The privilege special master recommended partially upholding defendant’s claims of attorney-client privilege over a chain of emails between two non-lawyer defendant employees. “The document is a chain of seven emails [with the subject line] ‘FW: Medicaid reinsurance deal.’ The first four sequential emails in the chain do not involve or include any lawyers, and do not discuss any legal issues or legal matters. . . . The fifth sequential email is between two non-lawyer employees of [defendant]. However, in this email, [one employee] specifically discloses the substance of his discussions with [defendant’s] General Counsel. The disclosure of the content of [his] discussions with [the GC] to another representative of [defendant] does not waive the privilege as to the substance of those discussions. The portions of [this] email that disclose the substance of those discussions should be redacted from further production.”

In re: Blue Cross Blue Shield Antitrust Litigation, 2-13-cv-20000 (ALND 2018-06-11, Order)

2018-06-13T11:52:02+00:00 June 13th, 2018|Antitrust, Docket Report|