Costello v. Poisella

MEMORANDUM OPINION AND ORDER

MARY M. ROWLAND, United States Magistrate Judge.

Nonparty Nisen & Elliott, LLC moves the Court to bar Defendants’ use or disclosure of two memoranda in these proceedings, which it contends are protected by the work-product privilege, find that the memoranda remain privileged, and award sanctions. For the reasons stated below, the Motion is granted in part and denied in part. Defendants’ Cross-Motion to Strike is denied.

I. BACKGROUND

Defendants are former high-level employees of Comdisco, Inc., who participated in Comdisco’s shared investment plan (SIP) program by…