As the number of parties and professionals involved in business transactions and disputes has increased, so, too, has the number of potential privilege issues. But a recent ruling from New York narrowed the privilege protection afforded to the common interest doctrine.
Generally, the common interest doctrine applies when two or more clients separately retain counsel to advise each on matters of common legal interest. It protects from disclosure certain attorney-client communications shared for the purpose of furthering this common legal interest. But the legal landscape surrounding the common interest doctrine is not uniform, and the recent New York decision further muddies the waters.
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