First Department: Common Interest Privilege Does Not Require Pending Litigation or Reasonable Anticipation of Litigation
December 5, 2014
In Ambac Assurance Corp. v. Countrywide Home Loans, Inc., the Appellate Division, First Department of New York’s Supreme Court held that “pending or reasonably anticipated litigation is not a necessary element of the common-interest privilege.” The common-interest privilege “is an exception to the rule that the presence of a third party at a communication between counsel and client will render the communication non-confidential” and not privileged. The decision is precedential for litigation pending in New York’s First Department, which covers New York and Bronx counties.
