2nd Circ. Says E&Y Tax Docs Are Protected in Schaeffler Row


M. Todd Welty, Mark Thomas and Laura Gavioli successfully represented a German auto parts supplier as the Second Circuit overturned a district court ruling and held that the supplier’s merger-related tax advice documents prepared by outside advisers and shared with a group of banks were privileged. Robin Greenhouse commented on the decision that the work product protection doctrine often applies in such complex transactions, and that “the Second Circuit correctly rejected the most disturbing part of the district court’s opinion.”