Reply to Blake Lively- Jason Baldoni and NYT

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[quote=Anonymous][quote=Anonymous][quote=Anonymous][quote=Anonymous][quote=Anonymous][quote=Anonymous]Ha, well it gets twistier. Blake and Ryan have filed a motion to intervene regarding the Venable subpoena:

https://acrobat.adobe.com/id/urn:aaid:sc:US:4f4a0fce-d675-4742-aaa1-e333765df77c

And here they make the confidentiality argument I made above -- that any communications between Lively's lawyers and Venable would of course be attorney work product covered by attorney-client privilege.

Truly: what on earth.[/quote]

Perhaps not Taylor then.  I don’t understand this motion at all, if Venable wasn’t represented Lively and there is no joint defense agreement in place (none is mentioned and it would have to be), communication with Venable would not be protected by any attorney client privilege.[/quote]

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.[/quote]

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.[/quote]

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.[/quote]

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.[/quote]

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