Illumina, Inc. v. BGI Genomics Co., Ltd

1 2 3 4 UNITED STATES DISTRICT COURT 5 NORTHERN DISTRICT OF CALIFORNIA 6 7 ILLUMINA, INC., et al., Case No. 19-cv-03770-WHO (TSH)

8 Plaintiffs,

DISCOVERY ORDER

9 v. Re: Dkt. No. 131 10 BGI GENOMICS CO., LTD, et al., 11 Defendants.

12 13 Illumina says the issue is urgent, so the Court opts for speed over length in drafting this 14 order. “The attorney-client privilege ‘may attach to communications between nonlegal employees 15 where: (1) the employees discuss or transmit legal advice given by counsel; and (2) an employee 16 discusses her intent to seek legal advice about a particular issue.’” Dolby Labs. Licensing Corp. v. 17 Adobe Inc., 402 F. Supp. 3d 855, 866 (N.D. Cal. 2019). Having performed an in camera review of 18 the emails at issue, the Court finds that the first entry in the privilege log satisfies this standard. 19 The second entry is a communication directly to an attorney for the purpose of seeking legal 20 advice and is privileged. The third entry is the transmission of legal advice by an employee, and 21 in context it is clearly advice the…