TP Orthodontics, Inc. v. Kesling

TP Orthodontics’ (TPO) board of directors formed a special litigation committee (the SLC) to investigate derivative claims filed by sibling minority shareholders. Following a lengthy investigation, the SLC produced a report. Based on recommendations contained in the report TPO filed a motion to dismiss certain derivative claims, attaching a redacted version of the report in support of its motion. The SLC report had been heavily redacted to protect attorney-client communications and attorney work product. The sibling shareholders filed a motion to compel production of the full report, seeking to access the full report in order to contest the SLC’s conclusions. The trial court granted the motion. The Supreme Court remanded the case to the trial court with directions for TPO to specifically identify privileged attorney-client communications and attorney work product contained within the report and the trial court to review in camera the revised redacted SLC report and privilege designations to determine whether the designated material was in fact privileged. View "TP Orthodontics, Inc. v. Kesling" on Justia Law