Proposed Amendments to New York Civil Practice Laws & Rules 4503(a)(1) Regarding Communications of Common Interest

SUMMARY

The Professional Responsibility Committee, Commercial and Uniform State Laws Committee, Corporation Law Committee and Mergers, Acquisitions and Corporate Control Committee propose revisions to New York’s statute on the attorney-client privilege in order to protect the sharing of privileged communications between parties with a common legal interest without regard to whether litigation is pending or reasonably anticipated. This change in the law will encourage candid collaboration between such parties and, in turn, facilitate compliance with the law.