The financially ailing Eastman Kodak Company has been ordered by a federal magistrate judge to turn over communications between its attorneys and an auditing firm in connection with an ongoing dispute over digital camera royalties.
Western District Magistrate Judge Marian Payson (See Profile) rejected Kodak’s contention that the communications with its outside counsel were generated in anticipation of litigation and qualified as attorney work product. Rather, she accepted the argument of Kyocera Corp. that the documents were created in the normal course of business and do not qualify for protection under the work product doctrine.
