Terran Biosciences, Inc., et al. v. Compass Pathfinder Limited, et al.

Summary

The memorandum order addresses Plaintiffs’ request for drafts of a declaration by Compass’s former outside counsel and related communications with Defendants’ litigation counsel. The court denied production, holding that the drafts constituted opinion work product reflecting counsel’s mental impressions and litigation strategies, and that disclosure to the former attorney did not waive protection. The court also concluded that the drafts were not within the scope of an existing privilege waiver.

Holdings

1. Draft declarations prepared by litigation counsel and shared with a witness may constitute opinion work product when the drafts reveal counsel's mental impressions, litigation strategies, edits, or revisions.
2. Disclosure of the draft declaration to the defendant's former attorney did not waive opinion-work-product protection because her interests were aligned with defendants and the disclosure did not create a significant likelihood that an adversary would obtain the material.
3. The drafts did not fall within the scope of the privilege waiver merely because the final declaration addressed topics covered by the waiver.

Questions Presented

1. Whether drafts of a declaration prepared by current litigation counsel and shared with a former attorney for the defendant are protected opinion work product.
2. Whether disclosure of the draft declaration to the defendant's former attorney waived work-product protection.
3. Whether the drafts fell within the scope of a privilege waiver applicable to the subject matter of the final declaration.

Disposition

other