ACC filed an amicus curiae with the NJ Supreme Court in Sampson v. 3M to support BASF Catalysts, LLC's petition to confirm the availability of interlocutory appeals for privilege issues.
WASHINGTON (December 18, 2017) — The Association of Corporate Counsel filed an amicus curiae with the New Jersey Supreme Court in Sampson v. 3M to support BASF Catalysts, LLC's (BASF) petition in the case to confirm the availability of interlocutory appeals for privilege issues.
In the case, the trial court ordered the production of certain documents and testimony from BASF's attorney-client communications pursuant to the crime-fraud exception — an order for which BASF sought interlocutory review in the New Jersey appellate division. Interlocutory appeals on privilege issues are an accepted practice in New Jersey, but the appellate division denied BASF's motion for leave to appeal without rationale for its decision.
ACC argues that "denying a litigant an interlocutory appeal of an order denying privilege not only risks devastating consequences in the litigation itself, but also threatens to chill the free and frank communication between attorney and client that the privilege is designed to protect." In the brief, ACC further explains that establishing a presumption of immediate appealability would be the best way to protect litigants, increase certainty, and promote the important societal goals advanced by attorney-client privilege.
To read the ACC brief, visit http://acc.com/advocacy/upload/Sampsonv3M-ACCamicus121117.pdf.
About ACC: The Association of Corporate Counsel (ACC) is a global legal association that promotes the common professional and business interests of in-house counsel who work for corporations, associations and other organizations through information, education, networking, and advocacy. With more than 43,000 members in 85 countries employed by over 10,000 organizations, ACC connects its members to the people and resources necessary for both personal and professional growth. By in-house counsel, for in-house counsel.® For more information, visit www.acc.com and follow ACC on Twitter: @ACCinhouse.
# # #