The USDC SDNY ruled that the attorney–client privilege and common–interest doctrine do not protect from discovery an Asset Purchase Agreement between two parties that later became co-plaintiffs in a patent-infringement suit. The court issued this ruling even though the APA contained a provision outlining the sharing of settlement or judgment proceeds, allocation of decisional authority, and distribution of costs in an anticipated patent-infringement action. AU New Haven, LLC v. YKK Corp., 2016 WL 6820383 (SDNY Nov. 18, 2016). You may read the decision here.
Common–Interest Doctrine: Identical Legal Interest Required?
The court reviewed current law on the scope and application of the common–interest doctrine, correctly noting that it is an exception to privilege waiver. The doctrine applies when the