Motorola Solutions, Inc. v. Zurich Insurance Co.

(Court opinion corrected 7/14/17.) Plaintiff filed a complaint against a number of insurance companies, seeking for the insurers to provide it legal representation  and/or coverage for defense costs under insurance policies for underlying personal injury actions in which claims were asserted against Plaintiff. Defendant requested that Plaintiff turn over (1) documents pertaining to Plaintiff’s clean room safety program (CRSP), and documents related to Plaintiff’s Securities and Exchange Commission Form S-1 Registration Statement. Court ordered Plaintiff to turn over the documents, and Plaintiff refused. Court then held plaintiff in friendly civil contempt. The attorney-client privilege was available to shield the documents from discovery, and Court needed to determine whether the documents fell under the privilege before deciding whether Plaintiff must turn them over.