Seyfarth Shaw Victory for Costco Highlighted in The Recorder and AmLaw Daily
California Supreme Court's Ruling Supports Attorney-Client Privilege

Seyfarth Shaw's victory for Costco Wholesale Corp. was highlighted in the December 2, 2009 issues of The Recorder and AmLaw Daily, which reported on the California state Supreme Court's unanimous ruling that factual information within a legal opinion letter from outside counsel should receive the same privilege protection as the legal advice contained within the letter. According to the articles, in 2003, several Costco store managers filed a wage-and-hour suit against the company. The articles noted that during the litigation, the plaintiffs learned of an opinion letter written for Costco and requested that it be produced in discovery.

Two lower courts ruled that the plaintiffs should be able to access the factual information in the opinion letter. As AmLaw Daily reported, "Costco, repped by Seyfarth Shaw, protested, and the state Supreme Court handed them a big victory Tuesday." The articles report that Costco's chief legal officer commented, "Think about what the world would be like if it had come out the other way. I think that lawyers and clients in California dodged a bullet."