SEARCH

Universal Standard Inc. v. Target Corp.

Emails' Disclosure to PR Firm Destroys Privilege, Attorney Work Product Protection

Thank you for sharing!

Your article was successfully shared with the contacts you provided.

OPINION & ORDER This trademark infringement suit brought by a clothing company, Universal Standard, Inc. (“Universal Standard”) against Target Corporation (“Target”) raises the question of whether sharing attorney-client privileged communications with a public relations firm destroys that privilege. Target asks this Court to rule that the communications, which are in the form of emails, are neither privileged nor protected by the attorney work-product doctrine.¹ For the reasons that follow, we find that any privilege that attached to the emails was waived because the public relations firm took part in the email exchanges. We also find that Universal Standard has not met its burden of showing work product protection. Accordingly, Target’s motion is granted.I. BACKGROUNDA. The Underlying LitigationIn 2014, Polina Veksler and Alexandra Waldman co-founded Universal Standard, a startup company and “size-inclusive clothing brand,” in response to the “serious lack of well-made, modern, women’s apparel in inclusive sizes.” Declaration of Polina Veksler (annexed as Docket # 92-3 to Pl. Opp.) (“Veksler Decl.”),

2-3; Pl. Opp. at 2. According to the operative complaint in this case, Universal Standard has used its federally-registered “Universal Standard” trademark “as a source-identifier for its products” since 2015. Second Amended Complaint, filed Sept. 18, 2018 (Docket # 42) (“SAC”),

More From ALM

Premium Subscription

With this subscription you will receive unlimited access to high quality, online, on-demand premium content from well-respected faculty in the legal industry. This is perfect for attorneys licensed in multiple jurisdictions or for attorneys that have fulfilled their CLE requirement but need to access resourceful information for their practice areas.
View Now

Our Team Account subscription service is for legal teams of four or more attorneys. Each attorney is granted unlimited access to high quality, on-demand premium content from well-respected faculty in the legal industry along with administrative access to easily manage CLE for the entire team.
View Now

Bundle Subscriptions

Gain access to some of the most knowledgeable and experienced attorneys with our 2 bundle options! Our Compliance bundles are curated by CLE Counselors and include current legal topics and challenges within the industry. Our second option allows you to build your bundle and strategically select the content that pertains to your needs. Both options are priced the same.
View Now

From Data to Decisions

Dynamically explore and compare data on law firms, companies, individual lawyers, and industry trends.

Exclusive Depth and Reach.

Law.com Compass includes access to our exclusive industry reports, combining the unmatched expertise of our analyst team with ALM’s deep bench of proprietary information to provide insights that can’t be found anywhere else.

Big Pictures and Fine Details

Law.com Compass delivers you the full scope of information, from the rankings of the Am Law 200 and NLJ 500 to intricate details and comparisons of firms’ financials, staffing, clients, news and events.

New York Legal Awards 2025

September 04, 2025
New York, NY

The New York Law Journal honors attorneys and judges who have made a remarkable difference in the legal profession in New York.

Learn More

Complex Claims & Litigation Forum 2025

February 24, 2025 - February 26, 2025
Las Vegas, NV

This conference aims to help insurers and litigators better manage complex claims and litigation.

Learn More

Legalweek Leaders in Tech Law Awards 2025

March 24, 2025
New York, NY

Recognizing innovation in the legal technology sector for working on precedent-setting, game-changing projects and initiatives.

Learn More

BANKRUPTCY AND COMMERCIAL LITIGATION ATTORNEY Philadelphia, PA or Wilmington, DE (2-5 years experience)

McCarter & English, LLP, a well established and growing law firm, is actively seeking a talented and driven associate having 2-5 years o...

Apply Now ›

Personal Injury Attorney

Gill & Chamas, LLC seeks a Personal Injury attorney to work in their Woodbridge, NJ office. Candidate must possess the following: ...

Apply Now ›

Finance/Corporate Trust Attorney - CT or Remote

We are seeking an attorney with a minimum of four years of experience in transactional work to join our well-established, nationally renowne...

Apply Now ›