Ellis would be served with a subpoena seeking documents related to payments made by Tucker Ellis to Gradient to fund medical research articles and communications between Tucker Ellis and Gradient regarding such articles. Tucker Ellis’s managing partner discussed the anticipated subpoena with Nelson, albeit the parties disagree about the contents of those conversations. After Nelson left Tucker Ellis, the law firm was served with the anticipated subpoena issued in Ohio pursuant to an out-of-state commission in the case. Durham The subpoena sought, in pertinent part, the production of and all emails, letters or “[a]ny other communications between Tucker, Ellis & West LLP and Goodman, Gradient or Exponent regarding the research or of or studies related to publication” “any literature mesothelioma, asbestos or radiation-induced by Tucker Ellis, mesothelioma” funded including the noted published review article. Tucker Ellis reviewed the subpoena and withheld certain documents on the basis of attorney-client and the attorney work product privileges. Ultimately, Tucker Ellis produced the attorney work product emails authored by Nelson, which are the subject of this litigation. After Nelson was subpoenaed for deposition, he wrote a to Tucker Ellis and counsel, asserting Durham “clawback” letter the emails contained his privileged attorney work product and demanding they be sequestered and returned to him. Tucker Ellis did not respond to letter. Nelson’s Nelson filed this lawsuit against Tucker Ellis, alleging claims for negligence, negligent and intentional interference with contract, negligent and intentional interference with prospective economic advantage, intentional invasion of privacy, and conversion. Nelson asserted that as a result of Tucker of his emails, his attorney Ellis’s production work product was made available on the internet and disseminated to over 50 asbestos with his ability to work effectively with experts in the plaintiffs’ attorneys, interfering asbestos field, and ultimately resulting in his termination from his new law firm and an inability to find new employment in his practice field. Tucker Ellis moved to compel arbitration of claims pursuant to an Nelson’s arbitration clause in employment agreement. Respondent court denied the Nelson’s motion, concluding the arbitration clause was procedurally and substantively
Ellis would be served with a subpoena seeking documents related to payments made by Tucker Ellis to Gradient to fund medical research articles and communications between Tucker Ellis and Gradient regarding such articles. Tucker Ellis’s managing partner discussed the anticipated subpoena with Nelson, albeit the parties disagree about the contents of those conversations. After Nelson left Tucker Ellis, the law firm was served with the anticipated subpoena issued in Ohio pursuant to an out-of-state commission in the Durham case. The subpoena sought, in pertinent part, the production of “[a]ny and all emails, letters or other communications between Tucker, Ellis & West LLP and Goodman, Gradient or Exponent regarding the research or publication” of “any literature or studies related to mesothelioma, asbestos or radiation-induced mesothelioma” funded by Tucker Ellis, including the noted published review article. Tucker Ellis reviewed the subpoena and withheld certain documents on the basis of attorney-client and the attorney work product privileges. Ultimately, Tucker Ellis produced the attorney work product emails authored by Nelson, which are the subject of this litigation. After Nelson was subpoenaed for deposition, he wrote a “clawback” letter to Tucker Ellis and Durham counsel, asserting the emails contained his privileged attorney work product and demanding they be sequestered and returned to him. Tucker Ellis did not respond to Nelson’s letter. Nelson filed this lawsuit against Tucker Ellis, alleging claims for negligence, negligent and intentional interference with contract, negligent and intentional interference with prospective economic advantage, intentional invasion of privacy, and conversion. Nelson asserted that as a result of Tucker Ellis’s production of his emails, his attorney work product was made available on the internet and disseminated to over 50 asbestos plaintiffs’ attorneys, interfering with his ability to work effectively with experts in the asbestos field, and ultimately resulting in his termination from his new law firm and an inability to find new employment in his practice field. Tucker Ellis moved to compel arbitration of Nelson’s claims pursuant to an arbitration clause in Nelson’s employment agreement. Respondent court denied the motion, concluding the arbitration clause was procedurally and substantively