context: The privilege is construed narrowly and the party asserting it has the burden of establishing all of its essential elements. On this motion, PBGC argues that IH waived any privilege as to the documents it seeks. Because the court believes that IH's treatment of the communications at issue is inconsistent with any intention to maintain their confidentiality, the PBGC's motion is granted in substantial part.
citation_a.signal: cf.
citation_a.identifier: 732 F.2d 1302, 1314
citation_a.parenthetical: affirming an order allowing newspapers access to corporation's special litigation committee report where the report was used as evidence in a motion to terminate a shareholder's derivative suit
citation_a.sentence: See, e.g., Lawless, 709 F.2d at 487 (transmission of information for use in preparing a tax return destroys any expectation of confidentiality that might otherwise have existed); Suburban Sew ’N Sweep, Inc. v. Swiss-Bernina, Inc., 91 F.R.D. 254, 258 (N.D.Ill.1981); cf. In re Continental Illinois Securities Litigation, 732 F.2d 1302, 1314 (7th Cir.1984) (affirming an order allowing newspapers access to corporation’s special litigation committee report where the report was used as evidence in a motion to terminate a shareholder’s derivative suit).
citation_b.signal: see
citation_b.identifier: 709 F.2d 487, 487
citation_b.parenthetical: transmission of information for use in preparing a tax return destroys any expectation of confidentiality that might otherwise have existed
citation_b.sentence: See, e.g., Lawless, 709 F.2d at 487 (transmission of information for use in preparing a tax return destroys any expectation of confidentiality that might otherwise have existed); Suburban Sew ’N Sweep, Inc. v. Swiss-Bernina, Inc., 91 F.R.D. 254, 258 (N.D.Ill.1981); cf. In re Continental Illinois Securities Litigation, 732 F.2d 1302, 1314 (7th Cir.1984) (affirming an order allowing newspapers access to corporation’s special litigation committee report where the report was used as evidence in a motion to terminate a shareholder’s derivative suit).