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Judge Cote http://nycourts.law.com/CourtDocumentViewer.asp?view=Document&docID=121192 PLAINTIFF purportedly retained Blackwell to act as their “representative” in litigation against UMG Recording Inc. They claimed to have disclosed to Blackwell confidential communication between themselves and their counsel, protected by the attorney-client privilege and work-product doctrine, that Blackwell inadvertently produced to UMG in response to a subpoena. The court denied plaintiffs’ bid for the documents’ return. In finding the attorney-client privilege’s applicability not shown, the court determined plaintiffs did not to show Blackwell was their representative or agent. They provided no documentary evidence of an agreement for Blackwell to resolve the dispute or manage their litigation. Also, plaintiffs’ inclusion of Blackwell in confidential communication with their attorneys was insufficient to bring him within the attorney-client privilege. In addition to plaintiffs’ failure to show the documents at issue were attorney work-product, the court noted plaintiffs’ conceded voluntary provision of the documents to Blackwell. Moreover, if Blackwell was plaintiffs’ agent or representative, they were obliged to produce the documents in his possession pursuant to UMG’s document requests.

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