Thomas Lupo Discuss Court Decision Addressing Document Privilege Protections Involving Environmental Consultants

December 7, 2015

Thomas Lupo and Dana Mehlman authored the case summary, "District Court in Michigan Determines Consultant Document Privilege Issues," which was published on December 2, 2015, on the American Bar Association (ABA) Section of Environment, Energy, and Resources' website.

The case summary focuses on the U.S. District Court for the Eastern District of Michigan's decision in Ford Motor Company v. Michigan Consolidated Gas Company, No. 08 cv 13503 (2015), a case in which plaintiffs "changed their previously considered privilege log classifications from attorney work-product to attorney-client privilege protections in support of their common-interest privilege assertions concerning communications with their non-party environmental consultant." Mr. Lupo and Ms. Mehlman explain that "[t]he related Opinions and Orders are useful reading for environmental litigators. While they do not provide the perhaps expected discussion of the role of and interplay with an environmental consultant, they set forth in one place a useful reflection of the four protections and partial interdependence, including where a party retains an environmental consultant in part or whole for purposes of providing legal advice in anticipation of litigation."

To read the full case summary "District Court in Michigan Determines Consultant Document Privilege Issues," visit the ABA Section of Environment, Energy, and Resources' website.

Hinshaw & Culbertson LLP is a U.S. law firm with 450 attorneys located in 11 states and London. Founded in 1934, the firm has a national reputation for its insurance industry work, its representation of professionals and law firms, and its closely coordinated business advisory, transactional and litigation services. We serve clients ranging from emerging and middle-market businesses to Fortune 500 companies, as well as governmental and public sector clients.


Service Areas