SDNY Strikes A Blow Against Selective Waivers

Law360, New York (January 14, 2014, 9:33 PM EST) -- On Nov. 20, 2013, U.S. District Judge Paul Gardephe of the U.S. District Court for the Southern District of New York issued a decision with potentially significant consequences for attorneys conducting internal investigations and parties seeking to obtain (or shield) disclosure of witness interview notes memorializing such investigations. Gruss v. Zwirn, 09-CV-6441 (S.D.N.Y., Nov. 20, 2013).

Gardephe’s ruling, issued in a defamation action brought against a hedge fund by a former employee, followed a request for clarification after an earlier ruling in July 2013. Through the...
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