Legal Opinion

Ambac Assurance Corporation v. Countrywide Home Loans, Inc.

New York Court of Appeals

Decided June 9, 2016No. 80PublishedCited by 78 opinions

1Opinion of the Court

*620OPINION OF THE COURT

Pigott, J.

This discovery dispute involves certain attorney-client communications that defendant Bank of America Corporation and defendant Countrywide Financial Corporation shared when the two entities were in the process of merging. Generally, communications between an attorney and a client that are made in the presence of or subsequently disclosed to third parties are not protected by the attorney-client privilege. Under the common interest doctrine, however, an attorney-client communication that is disclosed to a third party remains privileged if the third party shares a…

2Cases cited25 opinions

  1. United States v. ZolinSupreme Court of the United States · 1989
  2. In Re Teleglobe Communications Corp.Court of Appeals for the Third Circuit · 2007
  3. People v. HarrisNew York Court of Appeals · 1982
  4. Spectrum Systems International v. Chemical BankNew York Court of Appeals · 1991
  5. Priest v. HennessyNew York Court of Appeals · 1980

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3Cited by78 opinions

  1. Shkelzen Berisha v. Guy LawsonCourt of Appeals for the Eleventh Circuit · 2020
  2. Wellin v. WellinDistrict Court, D. South Carolina · 2016
  3. Windsor Securities, LLC v. Arent Fox LLPDistrict Court, S.D. New York · 2017
  4. Siegel v. SnyderAppellate Division of the Supreme Court of the State of New York · 2021
  5. Peerenboom v. Marvel Entertainment, LLCAppellate Division of the Supreme Court of the State of New York · 2017

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