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Noven Pharmaceuticals v Novartis Pharmaceuticals

In breach of contract action, court finds defendant’s valuation report is discoverable; report is relevant to an issue in dispute and not protected by attorney-client privilege or work-product doctrine where valuation was not done solely in anticipation of litigation but had mixed purpose.

Court Finds Defendant’s Valuation Had ‘Mixed Purpose’ and Orders Disclosure

In breach of contract action, court finds defendant’s valuation report is discoverable; report is relevant to an issue in dispute and not protected by attorney-client privilege or work-product doctrine where valuation was not done solely in anticipation of litigation but had mixed purpose.

Expert notes are subject to discovery, 11th Circuit says

We recently reported on a case in which annotated expert draft reports were subject to discovery notwithstanding Federal Rule of Civil Procedure 26(b)(4). Valuation professionals who frequently work on federal cases also need to know that Rule 26 does not protect expert notes and nonattorney communication, as an important 11th Circuit ruling explains.

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