ABOUT RIGHT OF ASSEMBLY

Right of Assembly is my personal blog. All opinions are my own. You can read more about me here.

DISCLOSURE

I am a ChromaDex shareholder, and an affiliate marketer. As a result, I will sometimes mention or recommend products that I endorse. I may earn a small commission from qualifying purchases if you were referred directly from this site and completed a purchase. [Thank you!] You can read more about our advertising, privacy, and data collection policies here. 

Cookies

This site uses cookies. Cookies are not required for site functionality. You can read more about how to opt-out of cookies here.

  • Shelly Albaum

Elysium's Ex Parte Clawback Motion


Elysium today filed an ex parte application in California seeking to clawback some privileged material inadvertently produced in discovery. You can read the motion here:

Elysium's Ex Parte Clawback Application

Here is Elysium's side of the story:

On February 6, 2019, in accordance with the Discovery Order, Elysium provided notice to ChromaDex that it had inadvertently produced three documents containing information that is subject to the attorney-client privilege. Notwithstanding that the Discovery Order mandates that ChromaDex destroy or return these documents once it has been notified by Elysium that the documents contain privileged information that was inadvertently produced, ChromaDex refuses to do so and continues to review and affirmatively use these documents in violation of the Court’s Discovery Order....

These three documents are Excel files that were produced to ChromaDex in native format that contain compilations of hundreds of thousands of messages (text and instant messages). Interspersed throughout those three Excel files are messages subject to the attorney-client privilege.

We don't have ChromaDex's side of the story, but apparently ChromaDex does not think that Elysium has provided adequate notice, or has not properly designated the materials that it deems privileged, and/or perhaps objects to the privilege claim itself.

I expect we'll soon see a letter to the Court in response from ChromaDex.

#CDXC #ChromaDex #Litigation #ElysiumHealth

0 views