Early review costs claim to privilege

Trial Notebook

By Steven P. Garmisa

Hoey & Farina

Posted January 31, 2020 4:21 PM

When Becton, Dickinson and Co. claimed attorney-client privilege for several documents Jeanne Lukasavage, one of its in-house attorneys, acknowledged reviewing to refresh her recollection before she was deposed on three topics as the company’s corporate representative under Federal Rule of Civil Procedure 30(b)(6), the plaintiff in the patent infringement case, Baxter International, filed a motion to compel based on Federal Rule of Evidence 612.Becton, Dickinson (referred to as “BD”) argued there was no …

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