NY Court Affirms Right to Ex Parte Interviews of Adversary’s Former Employees

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In a decision issued on May 8, 2007, the New York Court of Appeals, New York’s highest court, held that ex parte interviews of an adversary’s former employee are not unethical or legally prohibited. The decision, written by Judge Pigott, permits such ex parte interviews where the witness is both advised of counsel’s representation and interest in the litigation and warned against disclosing confidential or privileged information.

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