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

Summary

The New York Court of Appeals held that New York’s common‑interest doctrine is limited to communications made in furtherance of pending or reasonably anticipated litigation, and therefore the pre‑merger attorney‑client communications between Bank of America and Countrywide are not privileged. The Court reversed the Appellate Division, reinstated the Supreme Court’s order denying privilege, and answered the certified question in the negative. Justice Rivera, dissenting, would have extended the privilege to the merger‑related communications.