Two SMGG Shareholders Break New Ground Protecting Attorney Work Product

Strassburger McKenna Gutnick & Gefsky Shareholders, David Strassburger and Gretchen Moore, successfully persuaded the Supreme Court of Pennsylvania that its client, Excela Health, may not have waived attorney work product protection by forwarding an email from outside counsel to its public relations and crisis management consultant.  In a matter of first impression in Pennsylvania, the Court concluded that the attorney work product doctrine is “not waived by disclosure unless the alleged work product is disclosed to an adversary or disclosed in a manner that significantly increased the likelihood an adversary or anticipated adversary would obtain it.”

The case has been remanded to trial court for further findings.