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Lawyers for Former Reznor Manager Must Hand over Client Documents
The Court of Appeals of Ohio, Eighth District, affirmed an order to compel the production of documents from trademark lawyers for John Malm, former manager of musician Trent Reznor, for use in litigation between Malm and his counsel from an earlier suit that Reznor had filed against Malm. Meyers, Roman, Friedberg & Lewis (MRFL) v. Malm, 90949. MRFL served as counsel to Malm in a case before Judge Jed Rakoff in the Southern District of New York in which Reznor alleged Malm mishandled the artist's money and ownership of the trademark to Reznor's band, Nine Inch Nails. A federal jury awarded $5 million to Reznor in 2005.
MRFL soon sued Malm for legal fees and Malm countered with a legal malpractice claim against MRFL, which subpoenaed Malm's trademark lawyers, Fay Sharpe, for “[a]ny and all communications of any kind between Federal District Judge Jed Rakoff and [Fay Sharpe attorneys], or anyone at the law firm of Fay, Sharpe, Fagan, Minnich & McKee (or any former name or current name of such law firm) during the year 2005.” Citing attorney-client privilege, Malm told Fay Sharpe to not turn over the documents. MRFL then filed its motion to compel. In granting the motion, the Court of Common Pleas of Cuyahoga County decided that Malm had voluntarily waived the attorney-client privilege during the Reznor litigation.
Ohio's attorney-client privilege rule appears in Revised Code '2317.02, which acknowledges that “if the client voluntarily testifies [on a privileged matter] ' the attorney may be compelled to testify on the same subject.” During the Reznor-Malm litigation, Malm had given testimony in court that conflicted with a statement in his deposition as to whether he tried to obtain a 100% interest in the “Nine Inch Nails” trademark from Reznor.
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