They specifically ask for communications between Gottlieb (Lively's attorney) and Venable. That would be privileged as attorney work product related to Gottlieb's work for Lively. I also think that if Lively or Reynolds personally communicated with Venable about anything related to Swift, this would privileged due to attorney-client relationship between Venable and Swift. But Swift would have to assert that privilege, it's not something Lively can assert on her behalf. |
Yes of course, attempts to influence a witness. |
No, it would not. That's the definition of attorney work product. If Gottlieb communicated with Venable in an effort to coordinate on subpoena's, that is attorney work product directly related to Gottlieb's representation of Lively and is privileged. You do not need a joint defense agreement, especially in a situation where (1) Lively is both a plaintiff and and a defendant, and (2) Taylor is not even a party to the case. There are extremely narrow circumstances in which you could get attorney work product like this. One of them is the crime-fraud exception that is being alleged regarding Jonesworks. But there's no allegation that any crime or fraud was committed in these supposed communications between Gottlieb and Venable. |
Interesting new take on Reddit about the NYT and how potentially one of their board members is a major investor in RR ventures. Reddit opened a can of worms! |
The privilege is waived by sharing with Venable, a third party. Same for the Swift scenario once Lively or Reynolds are introduced. This is exactly why joint defense agreements exist, to prevent such waivers. Sucks for Blake that she didn’t have one here. |
What attempts to influence a witness. Where is that claimed? |
I don’t know what you are blabbering about, work product privilege can be waived by sharing with a third party. They don’t need to show crime fraud, just that the parties’ interests weren’t aligned. |
Did you go to law school in the Caymans or is this just AI babble? What? Taylor isn't a defendant in any case, it wouldn't make sense for her to have a "joint defense agreement" with Lively. And no, attorney work product is not "waived" if you communicate with another law firm on behalf of your client, as long as the communication is kept confidential by all parties and is done in anticipation of or related to litigation. |
Well Venable is looking to quash the subpoena so it appears the parties' interests ARE aligned. |
Amd to be clear for the non lawyers, plain old attorney client privilege is gone as soon as a party not represented by your lawyer is in the conversation. |
This is actually pretty big if true. It would explain a lot of things. If there is one thing that I have sensed from this case is that RR has a LOT of powerful and wealthy connections. I double down on this case not reaching a jury. JB will get his $. |
Attorney work product privilege is harder to waive but yes, it can be waived by sharing with a party with different interests or who is more likely to put it in the hands of an adversary. See how easy it is to make a point without resorting to ridiculous insults. You should try it some time. |
Adding that smart lawyers always get an agreement to protect the work product privilege. It doesn’t have to be a joint defense agreement, can also be called a common interest agreement. In any case, it is clear that Blake’s lawyers did not do that here or it would have been argued in both motions. |
Reddit also shows the Jamie Heath birth video that Blake claimed was pornography. I won’t post it here but wow. A family cuddling their newborn, with the birthing mom (Heath’s wife) being covered by a blanket throughout most of video. Music of Maxwell (I think) playing in the background, somewhat spiritual, a song about a woman’s worth.
And this was claimed by Blake as being pornographic—Justin and Jamie attempting to show her porn? Wow. More receipts by Baldoni. Another fabrication by Blake. |
I’m not sure what was on the screen when it was shown to Lively, but a screen grab that was posted a month ago seemed to show a mostly naked (?) Jamie Heath in a tub laying behind his also mostly naked wife, with the baby on top in a towel. What I mostly noticed from this was two mostly naked people in a tub, which I also wouldn’t want to watch tbh and which I might also confuse with a different kind of video. I am totally on Lively’s side here. |