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Keywords

lawsuitattorneydepositiondiscoveryprivileged communicationattorney-client privilege

attorneydepositiontestimonyattorney-client privilege

Related Cases

Libbey Glass, Inc. v. Oneida, Ltd., 197 F.R.D. 342

Facts

Libbey Glass, Inc. filed a lawsuit against Oneida, Ltd. for trade dress infringement, claiming that Oneida's Turkish supplier, Pasabahce, was producing glassware patterns that closely resembled Libbey's best-selling designs. The case involved a dispute over discovery matters, particularly regarding the attorney-client privilege and whether Oneida had waived this privilege by sharing legal advice with its supplier and procurement representative. The court examined the relationships and communications between Oneida, Pasabahce, and Ullmann, a consultant involved in the dealings.

The gravamen of Libbey's complaint is that Pasabahce Cam Sanayii VE Ticaret A.S. (Pasabahce) is making, and Oneida is selling, glassware that is duplicative of seven of Libbey's best-selling patterns.

Issue

Did Oneida waive its attorney-client privilege by disclosing legal advice to its supplier and procurement representative?

Rule

The attorney-client privilege can be waived by voluntary disclosure of legal advice to third parties. The common interest doctrine allows for the sharing of privileged communications without waiver, provided the parties share an identical legal interest. However, if the parties are engaged in a joint business strategy rather than a common legal strategy, the privilege may not be protected.

By voluntarily disclosing her attorney's advice to a third party a client is held to have waived the attorney-client privilege because the disclosure runs counter to the notion of confidentiality.

Analysis

In this case, the court found that Oneida's disclosures to Pasabahce and Ullmann did not maintain the confidentiality required to protect the attorney-client privilege. The communications were deemed ancillary to a business negotiation rather than a legal strategy, and no steps were taken to safeguard the privileged status of the shared communications. Therefore, the court concluded that the privilege was waived.

The passing allusions extracted in this case during depositions by opposing counsel did not disclose the substance of communications between Oneida counsel and the deponents. There is no basis, accordingly, for finding that this testimony resulted in a waiver of the attorney-client privilege.

Conclusion

The court held that Oneida waived its attorney-client privilege regarding the legal advice shared with Pasabahce and Ullmann, as the communications were not protected under the common interest doctrine.

Oneida's claim of privilege as to legal materials shared with either Ullmann or Pasabahce is, accordingly, without merit.

Who won?

Libbey Glass, Inc. prevailed in this case as the court ruled that Oneida had waived its attorney-client privilege. The court's reasoning emphasized that the disclosures made by Oneida were not adequately protected and were part of a business negotiation rather than a legal strategy. This ruling allowed Libbey to pursue the deposition of Oneida's consultant, Ullmann, which was crucial for their case against Oneida.

Libbey Glass, Inc. prevailed in this case as the court ruled that Oneida had waived its attorney-client privilege.

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