Objecting to producing certain documents demanded pursuant to a non-judicial subpoena duces tecum
The New York Joint Commission on Public Ethics (JCOPE) commenced a proceeding in Supreme Court, Albany County, to compel Campaign for One New York, Inc. (Campaign) to comply with non-judicial subpoena duces tecum that it issued in 2015 and in 2016 pursuant to Executive Law §94.
The court ruled that Campaign could not use the common interest doctrine to shield any of the documents at issue from disclosure, explaining that the common interest doctrine extends attorney-client privilege in the presence of a third party where "attorney-client communications . . . are revealed to one another for the purpose of furthering a common legal interest," but it is limited to "disclosure ... deemed necessary to mount a common claim or defense."
* Matter of Xerox Corp. v Town of Webster, 65 NY2d 131
** In private.