Fourth Dimension Software v. Der Deutsches Reiseburo GMBh & Co., OHG
Opinion
Trial Court Opinion
UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA 6 FOURTH DIMENSION SOFTWARE, Case No. 19-cv-05561-CRB (AGT)
Plaintiff,
DISCOVERY ORDER REGARDING
v. PRIVILEGE DISPUTE
DER TOURISTIK DEUTSCHLAND Re: Dkt. No.
GMBH,
11 Defendant.
12 The parties have a discovery dispute about whether plaintiff Fourth Dimension Software (“FDS”) has properly withheld a September 28, 2016 email from its former in-house counsel, John Pavolotsky, to its President and CEO, Ilya Pavolotsky (who is also John’s father), on attorney- client privilege grounds. Dkt. 61. That email contains the subject line “Re: AOVO” and was sent the day before Ilya met with third-party company, Aovo Touristik, in Germany to discuss Aovo’s potential licensing of FDS’s software tools. Defendant Der Touristik Deutschland GMBh contends FDS has not shown that the email is subject to attorney-client privilege, and even if a privilege applied, FDS waived it when Ilya forwarded the email to a hotel front desk at “info.berlin@hilton.com,”…