Clair v. Clair

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This case involved a family dispute among the owners of several business entities (collectively, companies) that were established in connection with the operation of a chain of automobile dealerships. When the family patriarch died, his four sons - James Jr, Mark, Joseph, and Michael - held equal ownership interests in the companies. In 2007, the brothers sold most of the companies' assets. Plaintiffs, the wives of James and Mark, brought this action against Joseph, Michael, and the companies challenging the disposition of business assets remaining after the 2007 sale. In connection with their action, Plaintiffs sought testimony and documents from the companies' general counsel and outside counsel. The lawyers refused to comply with the subpoenas based on the attorney-client privilege. Plaintiffs filed a motion to compel testimony and the production of documents. A judge allowed the motion. The Supreme Court affirmed the superior court's order insofar as the communications sought related specifically to the sale of life insurance policies, as the attorney-client privilege was waived as to this information. View "Clair v. Clair" on Justia Law