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Ominous signs for Meta: Judge Chhabria orders 15 more documents for in camera review to determine if within crime-fraud exception to attorney-client privilege

In Kadrey v. Meta, Judge Chhabria just ordered Meta to turn over 15 more documents with attorney-client privileged communications for his in-camera review to see if they fall within the crime-fraud exception. Ominous.

ORDER. Meta is ordered to submit for in camera review the seven documents identified in the appendix to the plaintiffs’ 418 first supplemental letter and the eight redacted documents identified in the appendix to the plaintiffs’ 429 second supplemental letter. Meta is ordered to deliver the documents on a flash drive to chambers by 10:00 a.m. tomorrow, Wednesday, February 26. Signed by Judge Vince Chhabria on 2/25/2025.

Judge Chhabria is already reviewing a bunch of Meta documents to determine if they fall within the crime-fraud exception. That he wants to review more documents at the Kadrey plaintiffs’ request is a bad sign for Meta.

To add salt to the wound, Judge Chhabria also ordered: “Meta is encouraged to revisit in camera review documents 1, 2, 26-28, 32-33, 41, and 59, and to consider whether all of the material withheld and redacted from these documents is truly privileged. Meta should be prepared to discuss these privilege assertions at Thursday’s hearing. Signed by Judge Vince Chhabria on 2/25/2025.”

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