What is the burden of proving that communications obtained during a joint-defense effort are privileged?
MultiRegion, United States of America
The following excerpt is from In re Megan-Racine Associates, Inc., 189 BR 562 (Bankr. N.D.N.Y. 1995):
The parties asserting the privilege must also demonstrate that each communication was made in the course of the joint-defense effort and was designed to further that effort. See In re Bevill, supra, 805 F.2d at 126. This requirement parallels the burden for the proponent of the attorney-client privilege who must show that it is applicable to the specific communications whose disclosure is sought. See generally People v. Mitchell, 58 N.Y.2d 368, 461 N.Y.S.2d 267 (1983).
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