340 F. Supp. 2d 760 - Soverain Software LLC v. Gap, Inc.’s Empirical Analysis

Citation profile

3 state decisions

Most-quoted passages

The sentences later courts lift from this opinion, ranked by how many decisions quote each — the parts of the opinion doing the work. These counts are smaller than the citation total above because most of the 7 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “‘whether the attorney-client relationship transfers ... to the new owners turns on the practical consequences rather than the formalities of the particular transaction.’ Tekni-Plex, Inc. v. Meyner and Landis, 89 N.Y.2d 123 , 674 N.E.2d 663, 668 , 651 N.Y.S.2d 954 (N.Y. 1996); see also Ramada Franchise System, Inc. v. Hotel of Gainesville Associates, Inc. 988 F.Supp. 1460, 1464 (N.D.Ga.1997). If the practical consequences of the transaction result in the transfer of control of the business and the continuation of the business under new management, the authority to assert or waive the attorney-client privilege will follow as well. See Commodity Futures Trading Commn. v. Weintraub, 471 U.S. 343, 349 , 105 S.Ct. 1986 , 85 L.Ed.2d 372 (1985) (‘when control of a corporation passes to new management, the authority to assert and waive the corporation’s attorney-client privilege passes as well.’); see also Tekni-Plex, Inc. 651 N.Y.S.2d 954 , 674 N.E.2d at 668 ; Ramada Franchise System, Inc., 988 F.Supp. at 1463 .”

   2 later decisions quote this exact passage · from the majority
   e.g. American International Specialty Lines Insurance v. NWI-I, Inc. · Osherow v. Vann (In Re Hardwood P-G, Inc.)