Xu
Xu v. FibroGen, Inc.
Opinion
Trial Court Opinion
UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA 6 PEIFA XU, et al., Case No. 21-cv-02623-EMC
Plaintiffs,
ORDER DENYING DEFENDANTS’
v. MOTION FOR RECONSIDERATION
FIBROGEN, INC., et al., Docket No. 172 Defendants.
12 13 On February 15, 2023, the parties filed a joint letter regarding a dispute over privilege. Plaintiffs sought the production of PowerPoint slides Bates numbered FGEN-CA0353824 (the “Presentation”), which Defendants claimed were protected by attorney-client privilege. Docket No. 153. In its March 29 Order, the Court found that Defendants waived any privilege that may have been afforded to the Presentation when they produced it to the U.S. Securities and Exchange Commission (“SEC”). Docket No. 161. Defendants then sought, and the Court granted, leave to file a motion for reconsideration so that the parties could further brief whether Defendants were entitled to the safe harbor provided to some inadvertent disclosures under Federal Rule of Evidence…