Header graphic for print
Chicago IP Litigation Tracking Northern District of Illinois IP Cases

Trial Counsel’s Opinion – Related Documents Are Discoverable

Posted in Discovery

Viskase v. World Pac, No. 09 C 5022, Slip Op. (N.D. Ill. Oct. 15, 2010) (Bucklo, J.).

Judge Bucklo granted defendants’ motion to reconsider, ordering production of the "Merritt Memo" previously held to be privileged because it included litigation counsel. The Court held that litigation counsel, before becoming litigation counsel, was the principal conduit to opinion counsel and his opinion was sought in connection with opinion counsel’s analysis. The Court, however, held that no post-filing communications were discoverable in light of In re Seagate which provided post-filing protection where a preliminary injunction was denied.