In a discovery dispute over who controls the attorney-client privilege of communications between two shareholders of Onyx Enterprises International and law firm McCarter & English, the Appellate Division agreed with a special master’s decision that the law firm represented the company, not the individuals.

The plaintiffs, Stanislav Royzenshteyn and Roman Gerashenko, appealed an order issued by the Monmouth County Superior Court in December 2022, which denied their motion to reject a report by a special master which compelled production of their communications with McCarter & English to the defendants in the case, according to the opinion. This is the second time the case has been before the Appellate Division after the first case ended in a remand for an in camera review of the privileged documents and determine which attorneys were representing which clients.