ALBANY – A matter that began as a fraudulent inducement claim on insuring mortgage-backed securities has mushroomed into what litigants and observers say could be a defining moment for attorney-client privilege in New York and the “common interest” rule.
Arguments before the state Court of Appeals last week in Ambac Assurance v. Countrywide, 80, focused on whether the traditionally narrow view of the common-interest privilege taken by New York courts should change.