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E-Pass Technologies, Inc. v. Moses & Singer, LLP
United States District Court for the Northern District of California
2011 U.S. Dist. LEXIS 96231 (2011)
Moses & Singer, LLP (defendant) represented E-Pass Technologies, Inc. (E-Pass) (plaintiff) in multiple patent-infringement actions. The defendants in those actions moved for summary judgment against E-Pass and for attorneys’ fees and costs against E-Pass and Moses & Singer. Moses & Singer represented E-Pass until at least some time after the date the attorneys’-fees motion was decided. While Moses & Singer was representing E-Pass, Moses & Singer attorneys engaged in intra-firm communications about how to protect the firm from liability on the attorneys’-fees motion. After the defendants in the patent-infringement actions were granted summary judgment and attorneys’ fees and costs, E-Pass sued Moses & Singer for professional negligence, breach of fiduciary duty, and negligent misrepresentation. During discovery, E-Pass served Moses & Singer with requests for the production of documents. Moses & Singer objected and withheld as privileged certain documents described as “email communication with counsel.” E-Pass moved to compel Moses & Singer to produce the documents.
Rule of Law
Holding and Reasoning (Corley, J.)
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