Extract to table

The premise of Meridian's argument is that the 214 withheld documents are "relevant" to this theory and therefore must be produced

New York courts have adopted this broad formulation, recognizing that corporate counsel must be able to communicate with employees at all levels of the organization in order to provide fully informed legal advice

Corporate decision-makers must be able to receive legal advice in a boardroom setting without fear that the confidentiality of that advice will be compromised in subsequent litigation

Stripped of its rhetorical embellishments, Meridian's primary argument in support of its motion to compel is that the 214 documents are "highly relevant" to its pretext theory and therefore must be produced

Indeed, the privilege typically becomes most important — and must be most vigorously enforced — in precisely those cases where the privileged communications are most relevant to the opposing party's litigation position

Under CPLR § 3122, a party withholding documents on the basis of privilege is required to "state with reasonable particularity the reason such documents are not produced