Merrill Lynch & Co., Inc. v. Allegheny Energy, Inc.
United States District Court for the Southern District of New York
229 F.R.D. 441 (2004)
- Written by Sean Carroll, JD
Facts
In response to notice of an investigation by the United States Attorney’s Office, Merrill Lynch & Co., Inc. (Merrill Lynch) (plaintiff) conducted an internal investigation into Daniel Gordon’s stealing of $43 million connected to a trade. The internal investigation produced two internal reports. Deloitte & Touche (Deloitte) was Merrill Lynch’s independent auditor. Deloitte asked Merrill Lynch about Gordon’s theft. Merrill Lynch provided the two reports to Deloitte. In subsequent litigation, Allegheny Energy, Inc. (Allegheny) (defendant) issued a discovery request to Merrill Lynch for the two reports. Merrill Lynch claimed that the reports were protected by the work-product doctrine. Allegheny argued that the disclosure of the reports to Deloitte waived the work-product privilege.
Rule of Law
Issue
Holding and Reasoning (Baer, J.)
What to do next…
Here's why 832,000 law students have relied on our case briefs:
- Written by law professors and practitioners, not other law students. 46,500 briefs, keyed to 994 casebooks. Top-notch customer support.
- The right amount of information, includes the facts, issues, rule of law, holding and reasoning, and any concurrences and dissents.
- Access in your classes, works on your mobile and tablet. Massive library of related video lessons and high quality multiple-choice questions.
- Easy to use, uniform format for every case brief. Written in plain English, not in legalese. Our briefs summarize and simplify; they don’t just repeat the court’s language.
