Kevin King, et al. v. Habib Bank Limited

CourtDistrict Court, S.D. New York
DecidedNovember 18, 2025
Docket1:20-cv-04322
StatusUnknown

This text of Kevin King, et al. v. Habib Bank Limited (Kevin King, et al. v. Habib Bank Limited) is published on Counsel Stack Legal Research, covering District Court, S.D. New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Kevin King, et al. v. Habib Bank Limited, (S.D.N.Y. 2025).

Opinion

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK --------------------------------------------------------------x KEVIN KING, et al., : : Plaintiffs, : 20-CV-4322 (LGS) (OTW) : -against- : OPINION & ORDER : HABIB BANK LIMITED, : Defendant. : --------------------------------------------------------------x ONA T. WANG, United States Magistrate Judge: Pending before the Court is the parties’ dispute as to various of Habib Bank Limited’s (“HBL’s”) privilege log entries. Plaintiffs contest tens of thousands of HBL’s privilege log entries and seek an order directing HBL to produce documents for each deficient entry. The Court previously ordered the parties to agree to a sampling process and submit a sample of contested entries for in camera review. Having review the sample of contested entries in camera, and for the reasons discussed below, Plaintiffs’ request is GRANTED in part, DENIED in part. I. BACKGROUND In the parties’ April 26, 2024, joint status letter, Plaintiffs identified a brewing privilege dispute concerning as many as 9,000 privilege log entries that they identified as deficient. (ECF 241 at 3-4). The dispute carried on for several months, (see ECF Nos. 263, 274), and in the parties’ July 12, 2024, joint status letter, Plaintiffs requested that the Court review in camera a sample of the disputed entries. (ECF 274). The Court memo endorsed the parties’ July 12 joint status letter and directed the parties to meet and confer on a methodology and schedule for sampling the contested privilege log entries. (ECF 281). The Court adopted the parties’ proposed sampling methodology on July 31, 2024, and directed the parties to submit 3-page briefs and the sample of documents to Chambers by email by August 8, 2024. (ECF 286). The parties’ submissions were received by email on August 8, 2024. Ahead of the status conference scheduled for October 9, 2024, the parties filed a joint

agenda on October 4, 2024. (ECF 317). The parties’ joint agenda identified, among other things, the parties’ ongoing privilege dispute and in camera submissions. Construing the parties’ inclusion of the privilege dispute in the joint agenda as a new request, which was already fully briefed, the Court then issued an Order on October 8, 2024, denying ECF 317 as moot based on the parties’ already agreed-upon sampling methodology for contested privilege-log entries.

(ECF 318). The Court’s October 8 Order did not rule on the parties’ ongoing privilege log dispute. On April 21, 2025, I directed the parties to file the letters briefs that have been previously submitted in camera on the docket. (ECF 403). The parties filed their briefs on April 22, 2025, (ECF 404), and April 23, 2025. (ECF 405). II. LEGAL STANDARD

A. Privilege Logs Under the Local and Federal Rules “When a party withholds information otherwise discoverable by claiming that the information is privileged …, the party must … describe the nature of the documents, communications, or tangible things not produced or disclosed—and do so in a manner that, without revealing information itself privilege or protected, will enable other parties to assess the claim.” WCA Holdings III, LLC v. Panasonic Avionics Corp., 20-CV-7472 (GHW), 2025 WL

1434375, at *3 (S.D.N.Y. May 17, 2025) (citing Fed. R. Civ. P. 26(b)(5)(A)(ii)). Local Rule 26.2 also sets out the specific information that must included in a privilege log, including: (1) the type of document; (2) the general subject matter; (3) the date; and (4) the author of the document, the addresses, and any other recipients. L. Civ. R. 26.2(a)(2)(A).1 A privilege log should also contain 0F “a brief description or summary of the contents of the document” and “the privilege or privileges asserted with respect to the document, and how each element of the privilege is met as to that document.” WCA Holdings, 2025 WL 1434375, at *3 (citing Sulaymu-Bey v. City of New York, 372 F. Supp. 3d 90, 93 (E.D.N.Y. 2019)). When assessing the adequacy of a privilege log, a court must determine whether each element of the privilege or immunity that is claimed has been met. Id. (citing Norton v. Town of Islip, 04-CV-3079 (PKC) (SIL), 2017 WL 943927, at *2 (E.D.N.Y. Mar. 9, 2017)). See also Bowne of

N.Y. City, Inc. v. AmBase Corp., 150 F.R.D. 465, 474 (S.D.N.Y 1993) (reasoning that privilege logs must “identify each document and the individuals who were parties to the communications, providing sufficient detail to permit a judgment as to whether the document is at least potentially protected from disclosure.”). “[T]he burden of establishing the elements of the purported privilege rests on the party asserting the protection from disclosure.” WCA Holdings,

2025 WL 1434375, at *3. If a privilege log entry is too vague, the party asserting privilege may waive privilege. See McNamee v. Clemens, 2014 WL 1338720, at *4-5 (E.D.N.Y. Apr. 2, 2014) (holding that “‘unhelpful’ and ‘vague’ descriptions were insufficient to sustain burden of showing documents were privileged). However, courts typically reserve a finding of waiver for “flagrant” violations. See Dey, L.P. v. Sepracor, Inc., 07-CV-2353 (JGK) (RLE), 2010 WL 5094406, at *2 (S.D.N.Y. Dec. 8, 2010).

1 Where not apparent, the party asserting privilege must also include the relationship of the author, addresses, and recipients to each other. L. Civ. R. 26.2(a)(2)(A). B. Attorney-Client Privilege Generally, parties may obtain discovery on any nonprivileged matter that is relevant to any party’s claim or defense. Fed. R. Civ. P. 26(b)(1). Communications that are protected by the

attorney-client privilege, however, are shielded from discovery. Hayden v. Int’l Bus. Machs. Corp., 21-CV-2485 (VB) (JCM), 2023 WL 4622914, at *3 (S.D.N.Y. July 14, 2023). “Attorney-client privilege protects ‘communications (1) between a client and his or her attorney (2) that are intended to be, and in fact were, kept confidential (3) for the purpose of obtaining or providing legal advice.’” Id. (quoting U.S. v. Mejia, 655 F.3d 126, 132 (2d Cir. 2011)). Where, as here, a

case contemplates federal and state law claims, federal law governs assertions of privilege. Fresh Del Monte Produce, Inc. v. Del Monte Foods, Inc., 13-CV-8997 (JPO) (GWG), 2015 WL 3450045, at *2 (S.D.N.Y. May 28, 2015). Attorney-client privilege only applies where the communication in question is “primarily or predominantly of legal character.” Egiazaryan v. Zalmayev, 290 F.R.D. 421, 428 (S.D.N.Y. 2013). “Fundamentally, legal advice involves the interpretation and application of legal

principles to guide future conduct or to assess past conduct.” In re County of Erie, 473 F.3d 413, 419 (2d Cir. 2007). Where a party only asserts privilege over a limited portion of a document, courts in this Circuit “routinely consider the predominant purpose of [the] isolated portion.” In re Google Digital Advertising Antitrust Litigation, 21-MD-3010 (PKC), 2023 WL 196146, at *2 n. 1 (S.D.N.Y. Jan. 17, 2023). “The burden is on a party claiming the protection of a privilege to establish those facts that are the essential elements of the privileged relationship,” and they

“must do so by competent and specific evidence, rather than by conclusory or ipse dixit assertions.” Hayden, 2023 WL 4522914, at *3 (emphasis added). III. DISCUSSION A. HBL’s Identification of Counsel on Its Privilege Log First, Plaintiffs assert that by failing to properly “identify the counsel whose advice

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Kevin King, et al. v. Habib Bank Limited, Counsel Stack Legal Research, https://law.counselstack.com/opinion/kevin-king-et-al-v-habib-bank-limited-nysd-2025.