March 11, 2021Alerts

In re: Imerys Talc America, Inc.

The Common Interest Doctrine Protects Privileged Communications Shared Among Plan Proponents, But Only to the Extent of Their Shared Common Legal Interests

On February 23, 2021, in In re Imerys Talc America, Inc. (“Imerys”), Judge Laurie Selber Silverstein held that the “common interest doctrine” can protect from disclosure certain privileged communications exchanged among joint plan proponents.  But Judge Silverstein cautioned that “context matters,” and concluded that the common interest doctrine is not available when parties’ interests concerning certain issues related to the jointly proposed plan are more adverse than aligned.