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| Authored by: Ed L. on Saturday, May 05 2012 @ 12:13 AM EDT |
| I'm not a lawyer, but think you are mistaken. Privileged information cuts both
ways, methinks. Neither a lawyer nor his client may be compelled to divulge it.
In the clients case, "privileged" means -- short answer -- information discussed
with an attorney. The information itself isn't necessarily privileged, but the
discussion is.
Its the "compelled" bit that comes up here. Privileged
discussions are not something Mr. Schwartz could be compelled to discuss were he
still a Snoracle employee. But as he isn't, Oracle would like to be able to
limit what he might otherwise voluntarily disclose when he was.
As PJ has
observed, its a critically important motion for Oracle to win. They've played
their McNealy card. It was pure bluff, but Google didn't have their ducks lined
up to call it.
Stay 'tooned!
---
Real Programmers mangle
their own memory. [ Reply to This | Parent | # ]
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- Priviledged? - Authored by: Gringo_ on Saturday, May 05 2012 @ 12:28 AM EDT
- Priviledged? - Authored by: Ed L. on Saturday, May 05 2012 @ 12:30 AM EDT
- Oh - Authored by: Gringo_ on Saturday, May 05 2012 @ 12:32 AM EDT
- Priviledged? - Authored by: Anonymous on Saturday, May 05 2012 @ 11:58 AM EDT
- Priviledged? - Authored by: Anonymous on Saturday, May 05 2012 @ 03:59 AM EDT
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| Authored by: Anonymous on Saturday, May 05 2012 @ 03:50 AM EDT |
| The situation that Oracle seems to be arguing about is that these conversations
were privileged at one time, and regardless if, at that time, he had an ability
to break that privilege, he certainly does not now as he is no longer an
employee of that company and the privilege is attached to the corporation, not
the individual.
I'm not sure if that's atty-client confidentiality, or
violation of an NDA, or something else. But it does seem rather
have-your-cake-and-eat-it-too to claim that a former employee either a) knows
too much to talk (Schwartz) or b) knows too little to be credible (various
witnesses). [ Reply to This | Parent | # ]
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