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Contracts Keyed to Dawson
Dominion Resources, Inc. v. Alstom Power, Inc.
Citation:
297 Va. 262, 825 S.E.2d 752 (2019)Facts
Alstom served a subpoena on Attorney Anthony Mirenda, Dominion’s lead counsel, seeking to depose him regarding several topics including the intent behind language used in a notice of claims, tolling agreement, and Memoranda of Understanding (MOUs), as well as verbal communications with Alstom regarding these documents. Alstom also sought information about the terms of Attorney Mirenda’s firm’s retention by Dominion. Dominion moved to quash the subpoena and for a protective order, arguing that the deposition would risk revealing privileged information, disrupt the attorney-client relationship, and that the information sought was either irrelevant or available from other sources. The court noted that Attorney Mirenda had been Dominion’s lead counsel “from the day of the accident to the present” and that written communications between Dominion and Alstom regarding the documents had already been produced in discovery.
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