In re Sulfuric Acid Antitrust Litigation

MEMORANDUM OPINION AND ORDER

COLE, United States Magistrate Judge.

INTRODUCTION

Plaintiffs have moved for a determination of whether the attorney-client privilege applies to certain documents that defendants, Noranda, Inc. and Falconbridge Limited (collectively, “Noranda defendants”), claim are protected from discovery, despite their prior inadvertent production. As to others, the privilege is said to have been waived by virtue of their having been shared with an affiliated company, the stock of which was owned in large part by Noranda or another company with which Noranda entered into a joint…