In In re: China Medical Technologies, Inc., 522 B.R. 28 (Bankr. S.D. N.Y.

In SimpleAir, Inc. v. Microsoft Corp., No. 11-cv-416 (E.D. Tex. Aug. 27, 2013), the court held that the attorney-client privilege associated with certain patents travelled with the patents where the patents were the majority of the assets owned by each transferor.

In In re Village at Lakeridge, LLC, BAP Nos. 12-1456, 12-1474 (B.A.P. 9th Cir. Apr. 5, 2013), the Bankruptcy Appellate Panel of the Ninth Circuit clarified that, in order to apply the common interest doctrine, a trial court must make a finding that the parties expressly or implicitly agreed to participate in a joint legal strategy. In this case, secured creditor, US Bank, deposed the sole unsecured creditor, Rabkin.

In Wallis v. Centennial Insurance Co., No. 08-cv-2558 (E.D. Cal. Feb. 1, 2013), Magistrate Judge Allison Claire of the Eastern District of California held that the New York Superintendent of Insurance had the authority to assert the attorney-client privilege on behalf of an insurer that was in the process of being liquidated by the Superintendent.

In In re Cardinal Fastener & Specialty Co., No. 11-15719 (Bankr. N.D. Ohio Feb. 4, 2013), the Bankruptcy Court for the Northern District of Ohio held that a law firm hired to represent the debtor could not assert privilege on behalf of the debtor’s individual directors and officers.