While judges often make rulings on the attorney-client privilege and work product doctrine that are wide of the mark,1 every so often they get one spot-on.2 Happily, New York’s Appellate Division, First Department (per Judge Karla Moskowitz), recently did just that.
Back to the Future
In Ambac Assurance Corp. v. Countrywide Home Loans,3 Moskowitz reversed an order of New York County’s Supreme Court which held that documents relating to a merger between entities of the Bank of America and Countrywide Financial Corp. were not protected from disclosure by the “common interest” privilege.
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