On October 14, 2022, the Mecklenburg County Business Court CLE was back in person, with a full day of amazing presentations and, as is tradition, concluded with the panel of Business.
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Buckley LLP v. Series 1 of Oxford Ins. Co. NC LLC, Chief Judge Bledsoe dealt with dueling motions to compel. Both sides claimed that their hybrid business-legal communications were privileged. After an exhaustive review – Judge Bledsoe concluded that both sides were right, and wrong, and certain materials had to be produced.
Key takeaway: to protect intertwined business-legal communications, seeking (or providing) legal advice must be the “primary purpose.” If the “primary purpose” isn’t legal it probably isn’t privileged even if lawyers are involved.
The Underlying Coverage Dispute
This is a coverage suit between a law firm, Buckley LLP, and its insurer, Oxford. After misconduct was alleged against one of Buckley’s founding partners, Buckley’s Executive Committee followed the firm’s handbook and hired an outside law firm Latham & Watkins LLP to investigate. While the investigation was underway, the partner accused of wrongdoing r