The plaintiffs in a certified class proceeding alleging secondary market misrepresentation brought a motion for the production of documents from the defendant SNC, including a Negotiated Resolution Agreement between SNC and the World Bank regarding bribery allegations.
The court dismissed the motion, finding that the documents were protected by settlement privilege.
The court held that the World Bank's sanctions procedures constituted 'litigation' for the purposes of the privilege, that the communications were intended to be confidential, and that their purpose was to effect a settlement.
The court declined to create a public policy exception to the privilege and found no waiver of the privilege by SNC.
