Deposition testimony by the CEO and Chairman of defendants' corporate parent, Rolta India, waived defendants' attorney-client privilege as to communications had with various counsel representing them in New York courts and in India. The CEO's testimony that defendants did not comply with post-judgment orders calling for a turnover of assets to a receiver because the turnover and receivership orders had yet to be domesticated in India in accordance with Indian law affirmatively put the subject matter of their privileged communications in litigation. The CEO testified that defendants' counsel in India advised noncompliance with the post-judgment orders pending domestication of such orders in India, and that defendants' U.S. counsel would yield to the advice of its Indian counsel on the matter. Therefore, invasion of the privilege was required for plaintiffs to adequately contest the validity of defendants' defense in failing to comply with the turnover and receivership orders, especially since contempt proceedings had already been brought against the president of Rolta India's primary subsidiary and contempt proceedings were in the process of being commenced against other principals.
Pala Assets Holding Ltd. v. Rolta, LLC, NY Slip Op 06642 (1st Dep't November 22, 2022)
