Magistrate Judge James Francis
After retaining counsel to conduct the “Audit Committee Investigation” (ACI) and “Valenzuela Investigation,” Weatherford International shared information about the investigations with the SEC. On Nov. 5, the court ruled that both attorney-client privilege and work product protection were waived concerning ACI material that Weatherford provided the SEC, and for oral disclosures to government investigators regarding the Valenzuela Investigation. Plaintiffs sought background material purportedly used in the creation of four Power Point presentations to the SEC in connection with the ACI as “explicitly referenced” therein. Discussing Gruss v. Zwirn and SEC v. Vitesse Semiconductor, the court—noting that plaintiffs pointed to no instance in which interview materials are “explicitly referenced” in SEC presentations—ruled that interview materials need not be produced unless those specific materials are explicitly identified, cited, and quoted in information disclosed to the SEC. Further, instructed by Gruss the court required Weatherford’s production of properly redacted documents interview summaries. The court found it apparent that the Weatherford and its counsel had redacted not only opinion work product but also factual material.
