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Privilege claim rejected where investigative documents were created for operational purposes and voluntarily disclosed.
The plaintiffs brought a motion compelling production of certain investigative documents, including an internal “Incident Bulletin” and employee witness statements, arising from a petrochemical facility shutdown allegedly caused by repair work performed by the defendants.
The defendants asserted solicitor‑client and litigation privilege and sought orders requiring the plaintiffs to destroy copies of the documents already in their possession.
The court held the defendants failed to establish that the documents were created for the dominant purpose of litigation or for obtaining legal advice, finding instead that they were generated primarily for operational investigation and business relationship management.
In any event, the court found that the defendants voluntarily disclosed the documents to the plaintiffs through a senior manager with ostensible authority, constituting waiver of any privilege.
The plaintiffs’ motion for production of the documents was granted and the defendants’ motion asserting privilege was dismissed.
