The plaintiff in a class action moved for the production of unredacted documents and documents over which the defendant, GMCL, claimed privilege.
The plaintiff argued that GMCL waived privilege by sharing documents with government actors and financial advisors during its 2009 restructuring efforts, and impliedly waived privilege by pleading reliance on a release.
The Master dismissed the motion regarding privilege, finding that common interest privilege protected the shared documents and that pleading reliance on a release did not constitute an implied waiver.
The issue of redactions for commercial sensitivity was adjourned for further submissions.
