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By ALM Staff | Law Journal Newsletters |

The District Court for the Northern District of New York has ruled that where an attorney serves as both co-counsel for a corporate defendant and as a member of the entity's board of directors, they must be restricted in their access to plaintiff's documents because of the 'serious risk of inadvertent disclosure of confidential documents and information.' Norbrook Laboratories Limited v. G.C. Hanford Manufacturing Co., No. 5:03-CV-165 (April 24).

The discovery issue before the court was whether the defendant's co-counsel, who also serves as corporate counsel and a member of the board of directors, should have access to the plaintiff's confidential documents and information. The attorney in question filled a number of roles, but did not serve specifically as in-house counsel. Rather, he was retained separately to work on this case in addition to his duties as secretary and board member. The plaintiff argued that despite counsel's arm's-length ties, he could not be considered anything other than an 'insider, and must not be privy to the plaintiff's trade secrets.'

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