Attorney-Client Privilege Might Die With Your Company

If you have ever been involved in litigation relating to a defunct company, then you know that problems such as who will serve as the Rule 30(b)(6) representative and who will verify the answers to interrogatories or provide responses to other discovery requests can be difficult to manage. See, e.g., FDIC v. Wachovia Ins. Servs., 2007 U.S. Dist. LEXIS 62538 (D. Conn. 2007) (dealing with difficulties of Rule 30(b)(6) deposition notice directed to FDIC in its capacity as receiver of a failed bank).  Now you can add the attorney-client privilege to that list of problems.

In Red Vision Sys. v. Nat'l Real Estate Info. Servs., L.P., 108 A. 3d 54 (Pa. Super. Ct. Jan. 13, 2015), creditors of three "dead" real estate services companies served the companies' former in-house counsel with a subpoena seeking documents that might evidence fraudulent transfers of the companies' assets. The former in-house counsel objected to the subpoena, arguing that the thousands of pages of