United States:
One Year After Ambac: Sharing Information Among Deal Parties
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On June 9, 2016, the New York Court of Appeals issued its
decision in Ambac Assurance Corp. v. Countrywide Home Loans
Inc.1 and held that the common interest doctrine
protects only communications among deal parties that are related to
a shared legal interest in pending or reasonably anticipated
litigation. The court justified its decision as adhering to
long-standing New York precedent, which had traditionally limited
the doctrine's application to litigation-related
communications.2
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Originally published by Law360, June 9, 2017.
Footnotes
[1] Ambac Assurance Corp. v. Countrywide Home Loans Inc.,
27 N.Y.3d 616, 628 (N.Y. 2016)
[2] Id.
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