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ARTICLE · 21 JANUARY 2014

SDNY Strikes A Blow Against Selective Waivers

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On November 20, 2013, US District Judge Paul G. Gardephe of the US District Court for the Southern District of New York issued a decision with potentially significant consequences for attorneys conducting internal investigations and parties seeking to obtain disclosure of witness interview notes memorializing such investigations.

United StatesLitigation, Mediation & Arbitration
Katten Muchin Rosenman LLP
Katten Muchin Rosenman LLP
Christian Kemnitz
Christian Kemnitz
Scott Resnik
Scott Resnik
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On November 20, 2013, US District Judge Paul G. Gardephe of the US District Court for the Southern District of New York issued a decision with potentially significant consequences for attorneys conducting internal investigations and parties seeking to obtain (or shield) disclosure of witness interview notes memorializing such investigations. Gruss v. Zwirn, 09-CV-6441 (S.D.N.Y., Nov. 20, 2013).

Gardephe's ruling, issued in a defamation action brought against a hedge fund by a former employee, followed a request for clarification after an earlier ruling in July 2013. Through the two rulings, Gardephe ordered production, for in-camera inspection by the court, of interview notes prepared by outside counsel for the fund pertaining to 21 witnesses whose statements were obtained in the course of an internal investigation.

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