Discovery -- 2018

Regents of the Univ. of Cal. v. Affymetrix, Inc.   (Federal Circuit)

Privileged attorney communications

The NAM filed an amicus brief in the U.S. Court of Appeals for the Federal Circuit to support review of a district court’s improper discovery order that all parties must be represented by separate counsel. The plaintiffs sought discovery compelling Affymetrix to produce communications involving an Affymetrix lawyer and Affymetrix’s component supplier. The district court’s order establishing a separate-representation requirement will further inconsistent development of the common-interest doctrine, chill the sharing of important information and require collaborators to assume the unnecessary expense of retaining separate counsel. The NAM’s brief argues that the purposes of the attorney-client privilege and common-interest doctrine do not support a separate-representation requirement, and separate representation is often inefficient and unduly burdensome. Unfortunately, the court denied the mandamus petition.

Related Documents:
NAM amicus brief  (November 5, 2018)


© 2019 National Association of Manufacturers