In an opinion this week, Magistrate Judge Gorenstein ruled that sharing attorney-client privileged communications with an outside public relations firm resulted in a waiver of the attorney-client privilege. The plaintiff, Universal Standard, a manufacturer of “size-inclusive” clothing, filed a complaint against Target alleging trademark infringement. After discovery, Target filed a motion asking the court to find that certain emails involving the plaintiff and its outside public relations firm, BrandLink, had been inappropriately listed on the plaintiff’s privilege log.
The court held that none of the exceptions for applying the attorney-client privilege to third-party communications were appropriate. First, the court held that the communications with the PR firm were not “necessary” for outside’s counsel representation:
Continue Reading Magistrate Judge Gorenstein: Attorney-Client Communications That Include Outside PR Firm Are Not Privileged