In re HIV Antitrust Litigation

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA San Francisco Division PETER STALEY, et al., Case No. 19-cv-02573-EMC (LB)

Plaintiffs,

DISCOVERY ORDER

v. Re: ECF No. 1104 GILEAD SCIENCES, INC., et al., Defendants. 16 INTRODUCTION The parties dispute two issues: (1) whether the scope of Teva’s privilege waiver is too narrow, and (2) whether Teva’s waiver extends to the work-product documents held by Teva’s outside counsel that were not communicated to Teva and do not reference communications with Teva.1 The court can decide the dispute without oral argument. Civ. L.R. 7-1(b). Generally, courts construe waivers narrowly. But the opposing party must have a fair opportunity to test the veracity of the waiving party’s position on the subject matter of the waiver. Therefore, the scope of Teva’s privilege waiver extends to advice concerning the merits of the

26 1 Disc. Ltr. at 3–7 – ECF No. 1104 (filed under seal at ECF No. 1103-2). Citations…