Ambac Assurance Corporation, Appellants v. Countrywide Home Loans, Inc., Defendants, and Bank of…

Summary

The New York Court of Appeals reversed the Appellate Division and held that the common‑interest doctrine is limited to communications made in furtherance of a common legal interest in pending or reasonably anticipated litigation; therefore the privileged communications between Bank of America and Countrywide related to their merger are not protected. The dissent argued the doctrine should apply to merger‑related communications even absent litigation.