Are Common Interest Agreements Discoverable


The court`s decision to check the CIA under the public`s insulator is interesting. Does this decision give the power to those who want the production of a CIA to have the CIA automatically checked by the judge to see if it has boilerplate or non-boilerplate language before ruling on an objection of relevance? In the absence of an agreement between a non-party and a party, a dispute should be filed before documents are provided to the non-party. This would create a basis for the definition of a common legal interest, which could then be proved and used to extend the Community privilege. In Mondis Tech., Ltd. V. LG Elecs., Inc., the Eastern District of Texas reached a similar conclusion. No. 2:07-CV-565-TJW-CE, 2011 U.S. Dist. LEXIS 47807 (E.D. Tex.

May 4, 2011). Mondis was a limited liability company with the main shareholder Inpro, an IP holding company. Id. at *13. Inpro promoters recruited to follow licenses and disputes relating to its participations in the field of patents. Id. Inpro disclosed confidential and privileged information to potential investors with confidentiality agreements. When privileged communications are transmitted to third parties and non-parties, the confidentiality of a dispute is usually violated and privileges are abandoned.

Since there are no privileges in the event of a breach of confidentiality, these communications could now be found. In Acceleration Bay, the claimant argued that the funding of the proceedings provides funds to provide, promote or provide legal representation. Acceleration duct at *8. The applicant also argued that a legal community could exist between a patent holder and a promoter of proceedings relating to the work product privilege. See id. (citing Carlyle Inv. Mgmt. L.L.C. v. Moonmouth Co. S.A., 2015 WL 778846, at *7 (Del.

Ch. Feb. 24, 2015)). However, since the Carlyle case dealt exclusively with the issue of work product, the court found that the Carlyle case was not commensurate with solicitors` privilege. Acceleration duct at *8. As a service to Jenner & Block`s clients and the larger legal community, the law firm`s Complex Commercial Litigation Practice has this online resource center that offers the latest case law and other developments in the field of attorney and client privilege. . .


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