Friday, February 15, 2008

Trial Counsel Who Was Also A Shareholder and Director Denied Access to Attorneys' Eyes Only Documents

In Meridian Enterprises Corp. v. Bank of America, 4:06-cv-01117, Judge Sippel denied plaintiff's trial counsel access to attorneys' eyes only documents because the "risk of inadvertent disclosure is great because [the attorney] is both a shareholder fo meridiana dn a member of its Board of Directors, and therefore has a fidiciary duty to Meridian to disclose all information in his possession germane to the issues discussed." Judge Sippel found no prejudice to Meridian because Meridian's primary outside counsel will still have access to the information.

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