Asserting the Common Interest Doctrine In Plan-Related Discovery

The common interest doctrine can be a powerful tool when used to block discovery of relevant and sometimes critical evidence. However, a determination of when it can be invoked requires a highly fact-intensive analysis.

7 minute readApril 01, 2021 at 12:05 AM
By
Francis J. Lawall
Marcy J. McLaughlin Smith
Asserting the Common Interest Doctrine In Plan-Related Discovery

The common interest doctrine creates an oftentimes frustrating exception to the general rule that disclosure of information to a party outside of the normal attorney-client relationship destroys privilege. Essentially, it

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