Metropolitan Partners Group Administration, LLC v. Nerney

Summary

The Appellate Division, First Department dismissed as moot the appeal concerning disqualification of counsel because the attorney had withdrawn. It otherwise affirmed the denial of injunctive and protective relief, holding that the defendants had not properly raised the common-interest privilege and lacked a reasonable assurance of confidentiality for communications stored on Schweizer systems.

Holdings

1. The portion of the appeal challenging denial of disqualification was moot because the challenged attorney had withdrawn as Schweizer RSG's counsel.
2. The Individual Defendants were not entitled to a temporary restraining order, preliminary injunction, or protective order preventing plaintiffs from using or disclosing the alleged privileged information.
3. The court would not consider the Individual Defendants' common-interest privilege argument because they asserted the privilege for the first time in reply.

Questions Presented

1. Whether the appeal concerning disqualification of Schweizer RSG's counsel was moot after that counsel withdrew.
2. Whether the Individual Defendants were entitled to injunctive or protective relief barring plaintiffs from using or disclosing alleged privileged information stored on Schweizer systems and in Schweizer files.
3. Whether the Individual Defendants could rely on the common-interest privilege when they raised it for the first time in reply.

Disposition

other