Litigation
Sep. 16, 2016
Whose privilege is it anyway?
A recent 9th Circuit ruling considers which privilege law governs whether the settlement email exchange during mediation is admissible into evidence: the California Evidence Code, or Federal Rule of Evidence 501? By Michael R. Diliberto
Michael R. Diliberto
Mediator and Arbitrator
Diliberto ADR
Business, employment, entertainment, real estate
A mediator is hired to settle a pre-litigation antitrust dispute between Plaintiff (Sony) and Defendant (HannStar) with federal and state antitrust claims. The mediator sends a proposal by email to counsel suggesting a $4.1 million settlement amount, which both sides accept via emails with the mediator. Thus, the "agreement" is the email exchange. When HannStar refused to pay, Sony sued in federal court for antitrust claims...
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