Dechert’s attempt to assert privilege fails

Dechert LLP’s attempt to assert privilege over approximately 700 documents on behalf of Ras Al Khaimah (RAK), the UAE Emirate, was rejected by the court on 4 March. This decision followed a last-minute filing submitted by Dechert in North Carolina. The documents were held by Nicholas Del Rosso, a private investigator accused by Farhad Azima of being involved in a plot to hack and leak his data, which was later used in an English Court. The trial Judge had already described this as part of “obtaining judgments from this court by fraud.”

The legal battle over disclosure, which had lasted more than two years, included debates about legal professional privilege. The court ruled that Del Rosso must hand over the documents that Dechert had sought to protect. RAK was criticised for refusing to appear before the judge and for not submitting themselves to the jurisdiction of the US courts. Judge Osteen noted that RAK's actions were obstructing the fact-finding process, causing unnecessary delays. RAK's attempt to switch tactics late in the process, by sending a letter to Dechert just before the deadline, was described as a “late-stage tactic switch that unnecessarily delays discovery and obstructs the fact-finding process.”

Dechert’s last-minute intervention was also criticised. District Judge William Osteen Jr stated there was “no reason to extend the time further in light of the opportunities RAK, and relatedly Dechert, have had to appear in the first instance.” Judge Osteen found that some of Dechert’s filings were “at best misleading,” omitting “key components” of the documents they referenced. The court also expressed that the information provided by Dechert was “far from sufficient” to support their claims of privilege.

Despite RAK's position of not being subject to US court jurisdiction, the court observed that RAK had arranged an agency presence in the US through law firm Patterson Belknap. The ruling underscores the need for assertions of privilege to be timely and made by the correct party. The court concluded that had RAK requested Dechert to assert privilege at the start, the outcome might have been different, but the late-stage motion failed.

As a result, Del Rosso is required to release the documents within ten days. Azima has stated that these documents are likely to support his case and that the attempts to block access to them raise questions about Dechert’s involvement in the alleged misconduct. Azima's legal battles continue in the US courts.