Wultz v. Bank of China Ltd.
United States District Court for the Southern District of New York
979 F. Supp. 2d 479 (2013)

- Written by Sean Carroll, JD
Facts
On January 28, 2008, Sheryl Wultz and other members of the Wultz family (collectively, Wultz) (plaintiff) sent a demand letter to the Bank of China Ltd. (BOC) (defendant) indicating an intention to file suit against BOC. Subsequently, Wultz sued BOC. Wultz requested that BOC produce certain documents listed on BOC’s privilege log. Some of the documents were dated prior to January 28, 2008, and some were dated after. All the documents were in China and were sent between personnel in China. As a result, Wultz argued that the documents were discoverable because Chinese law did not recognize the attorney-client privilege. BOC, however, asserted the privilege due to the litigation’s being located in the United States.
Rule of Law
Issue
Holding and Reasoning (Scheindlin, J.)
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