SSJR Compels Production of Swedish In-House Communications

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In early 2009, Astra Zeneca filed litigation in New Jersey District Court to prevent SSJR client Apotex from launching its generic version of AstraZeneca’s Pulmicort Respules® product. During discovery, AstraZeneca, a Swedish company, withheld numerous communications with in-house counsel on the grounds of attorney-client privilege. Recognizing that these communications should not have been withheld under Swedish Law, SSJR demanded production of the documents. AstraZeneca maintained that the documents were protected under U.S. privilege law or, in the alternative, Swedish trade secret law. SSJRthen moved to compel production on the grounds that the documents are not protected under either theory, and the Court agreed, ordering AstraZeneca to produce the documents, which will allow SSJR to put forth the best defense possible.