Pittsburgh History & Landmarks Found. v. Ziegler

Before this Court are questions involving the applicability of the attorney-client privilege in a corporate derivative action lawsuit brought by former board members of two nonprofit corporations against current board members. As explained more fully herein, we respectfully reject, for purposes of proceedings related to a motion to dismiss derivative litigation, the Commonwealth Court's adoption of a qualified attorney-client privilege as set forth in Garner v. Wolfinbarger , 430 F.2d 1093 (5th Cir. 1970), which we view as inconsistent with our prior caselaw emphasizing predictability in the…