Legal Opinion

In re Restasis (Cyclosporine Ophthalmic Emulsion) Antitrust Litig.

District Court, E.D. New York

Decided January 17, 2019No. 18-MD-2819 (NG) (LB)PublishedCited by 10 opinions

1Opinion of the Court

GERSHON, United States District Judge:

In this multi-district litigation, plaintiffs have moved to compel from defendant Allergan production of documents that Allergan shared with two independent consultants, Robert Pollock of Lachman Consultant Services, Inc. and Timothy Hanford of ADC Strategies LLC.1 Plaintiffs *209contend that Allergan waived its right to assert the attorney-client privilege over the documents because it shared them with these third parties. Defendant relies on two exceptions to the third-party waiver rule to argue otherwise. First, it asks the court to find that the input…

2Cases cited18 opinions

  1. Upjohn Co. v. United StatesSupreme Court of the United States · 1981
  2. Fisher v. United StatesSupreme Court of the United States · 1976
  3. United States v. Louis KovelCourt of Appeals for the Second Circuit · 1961
  4. In Re Grand Jury Subpoena Served Upon Simon HorowitzCourt of Appeals for the Second Circuit · 1973
  5. United States v. GrafCourt of Appeals for the Ninth Circuit · 2010

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3Cited by10 opinions

  1. Albertson Water District v. The Dow Chemical CompanyDistrict Court, E.D. New York · 2025
  2. In Re Allergan PLC Securities LitigationDistrict Court, S.D. New York · 2021
  3. In re Signet Jewelers Limited Securities LitigationDistrict Court, S.D. New York · 2019
  4. Kevin King, et al. v. Habib Bank LimitedDistrict Court, S.D. New York · 2025
  5. NRD GP LLC, et al. v. Centiva Capital, LPDistrict Court, S.D. New York · 2025

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