Court Officially Adopts Common Interest Rule

The Writ, Appellate Briefs, June 1, 2018

In the recent case of James J. Cotter, Jr. v. Eighth Judicial District Court, 134 Nev. Adv. Op. 32, the Court was faced with the question as to whether the disclosure of work-product documents to third parties constitutes a waiver of the work-product privilege. Upon review, the Court formally adopted the common interest rule, which allows attorneys to share work-product with third parties that have a common interest in litigation without waiving work-product protection.

In Cotter, James Cotter was the CEO and Chairman of the Board of Directors of Reading International, Inc.  After Reading terminated him, he filed a complaint in district court alleging breach of fiduciary duties against several members of Reading’s Board of Directors. At the same time, a number of Reading’s shareholders filed a separate derivative action in district court against the same Director Defendants related to Cotter’s firing. The district court consolidated the two actions.  To read entire article click here.

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