Where the parties disputed whether certain documents were privileged, the court resolved their dispute following in camera review.
Background
Rebecca Miller, the plaintiff in this qui tam action under the False Claims Act and similar local statutes, engaged independent counsel to review her files and identify material over which defendant Reckitt Benckiser Pharmaceuticals, Inc., now known as Indivior Inc., might assert privilege.
Independent counsel conducted this review and provided those files to defendant, with plaintiff’s potentially privileged information redacted.
Defendant reviewed those files and claimed privilege over portions of 68 of the documents. Plaintiff objects to the assertion of privilege as to 66 of the documents. Further, the parties identified seven documents that independent counsel partially redacted and withheld from both parties on the belief that both might claim a privilege.
Plaintiff has now moved to compel the production of documents that the contends are protected by attorney-client and work product privileges.
Book
The submitted documents include 14 versions of a manuscript written by plaintiff that she describes as her “book.” The manuscript reads as a narrative account of plaintiff’s social and professional interactions, much of which is unrelated to this litigation. In three places where the manuscript discusses Indivior’s operations or decision-making, defendant has asserted attorney-client privilege. The court finds that defendant holds...
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