Warner Files Amicus Brief with N.J. Supreme Court

1/28/2013

Attorneys with Warner Norcross & Judd LLP filed an amicus brief on behalf of DRI in the New Jersey Supreme Court. The brief is in response to an invitation to assist the court in deciding how to best define the work-product doctrine and the common-interest rule under New Jersey law.

The case arises out of an individual plaintiff’s lawsuit seeking access to certain documents under New Jersey’s Open Public Records Act and New Jersey’s common-law right of access to public documents.

In the amicus brief, DRI took the position that the Appellate Division correctly held that the items were not subject to disclosure, but for the wrong reason. DRI’s brief argued that voluntary disclosure of work product to a third party does not waive the protection of the work-product doctrine so long as the disclosure does not substantially increase the likelihood that the information will come into the possession of an adverse party. DRI explained that this is the majority position taken by other jurisdictions.

Warner Norcross attorneys Matt Nelson, partner, and Nicole Mazzocco, associate, authored the brief.

NOTICE. Although we would like to hear from you, we cannot represent you until we know that doing so will not create a conflict of interest. Also, we cannot treat unsolicited information as confidential. Accordingly, please do not send us any information about any matter that may involve you until you receive a written statement from us that we represent you.

By clicking the ‘ACCEPT’ button, you agree that we may review any information you transmit to us. You recognize that our review of your information, even if you submitted it in a good faith effort to retain us, and even if you consider it confidential, does not preclude us from representing another client directly adverse to you, even in a matter where that information could and will be used against you.

Please click the ‘ACCEPT’ button if you understand and accept the foregoing statement and wish to proceed.

ACCEPTCANCEL