Holley

Holley v. Gilead Sciences, Inc.

Good Law
United States District Court, Northern District of CaliforniaJune 10, 20214:18-cv-06972California3,733 words

Opinion

Trial Court Opinion

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA 6 ADRIAN HOLLEY, et al., Case No. 18-cv-06972-JST (JSC)

Plaintiffs,

ORDER RE: ATTORNEY-CLIENT

v. PRIVILEGE DISPUTE

GILEAD SCIENCES, INC., et al., Re: Dkt. Nos. 626, 627 Defendants.

12 The parties’ current discovery dispute presents the question of whether a corporation’s in- house attorney’s legal advice is protected from disclosure by the attorney-client privilege when it appears in business documents shared with non-lawyers. (Dkt. Nos. 626, 627.) After carefully considering the parties’ written submission, and having reviewed the redacted information in camera, including Gilead’s resubmission after it withdrew several of the attorney-client designations, the Court concludes that under California law the attorney’s legal advice remains protected by the privilege. The Court also concludes, however, that Gilead has not established that much of the still-redacted information is not publicly known. DISCUSSION 22…

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