Federal Judiciary

Clawback Effective; Privilege Not Waived

By Michael C. Smith

Datatreasury v. Wells Fargo, et al, No. 2:06cv00072 (June 8, 2009)
Judge: David Folsom
Holding: Motion to Determine Privilege and Waiver DENIED
Plaintiff asked the court to hold that one of the defendant's documents was not privileged, or if it were, the privilege had been waived.  Judge Folsom denied the motion holding that it contained legal analysis, and the Wells Fargo had not waived the protection, i.e. its "clawback" was effective.

Full post as published by Eastern District of Texas Federal Court Practice on June 12, 2009 (boomark / email).