The work product doctrine that bars the mental impressions of attorneys from discovery should cover pre-litigation emails between lawyers and public relations professionals, an attorney for a hospital company argued to the Pennsylvania Supreme Court on Wednesday.

Strassburger McKenna Gutnick & Gefsky attorney David Strassburger, who argued for Excela Health, told the justices that emails between his client’s counsel and public relations consultants should be barred from discovery because they dealt with issues that were likely to become the subject of litigation. Even though the public relations firm was not asked to provide advice on the topic, keeping the public relations professionals in the loop was essential, he said, given the nuanced issues that can arise when news of a major company announcement travels around the social media landscape.

This content has been archived. It is available through our partners, LexisNexis® and Bloomberg Law.

To view this content, please continue to their sites.

Not a Lexis Subscriber?
Subscribe Now

Not a Bloomberg Law Subscriber?
Subscribe Now

Why am I seeing this?

LexisNexis® and Bloomberg Law are third party online distributors of the broad collection of current and archived versions of ALM's legal news publications. LexisNexis® and Bloomberg Law customers are able to access and use ALM's content, including content from the National Law Journal, The American Lawyer, Legaltech News, The New York Law Journal, and Corporate Counsel, as well as other sources of legal information.

For questions call 1-877-256-2472 or contact us at [email protected]