In an opinion today the GM ignition switch MDL (prior coverage here), Judge Furman rejected the plaintiffs’ attempt to force GM and its lawyers at King & Spalding to produce, under the “crime-fraud” exception to attorney-client privilege, documents relating to King & Spalding’s advice on earlier ignition switch cases that were settled confidentially.
GM had earlier produced a substantial portion of the documents voluntarily (such as case evaluations sent to GM) but the plaintiffs sought additional documents – primarily internal King & Spalding correspondence. Judge Furman concluded that the plaintiffs had failed to show, as required for the “crime-fraud” exception, that these internal communications were made with the intent to further a crime or fraud, as opposed to merely relating to an evaluation of the legal risks of the cases that were settled:
Continue Reading Judge Furman Allows GM to Withhold Attorney Documents in Ignition Switch MDL, Rejects “Crime-Fraud” Exception