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Civil Procedure Keyed to Friedenthal
In re Auction Houses Antitrust Litigation
Facts
During discovery regarding antitrust litigation, Christie’s turned over handwritten notes from Davidge’s files. The notes were potentially important in proving an alleged conspiracy, but the notes contained many abbreviations, symbols and pronouns lacking an antecedent. Taubman therefore submitted an interrogatory to Christie’s to get Davidge to explain the notes. Davidge was no longer employed with Christie’s, but in his termination agreement, which entitled him to a $5 million payout, he agreed to provide any information to Christie’s concerning his employment. The agreement also indemnified Davidge in future lawsuits regarding his employment. He was still owed $2 million towards that agreement. Taubman argued that Christie’s could use the agreement to compel Davidge to comply. Christie’s argued that this did not fall under the agreement, and that Davidge would not want to do so for fear of incriminating himself.
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