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CC ing Apple Attys Doesn t Create Privilege, Calif. Judge Says
Law360 (April 28, 2021, 10:46 PM EDT) A California federal judge on Wednesday refused to let Apple claw back a trio of documents in Epic Games App Store antitrust suit against the tech giant, finding that simply copying an attorney on an employee email chain does not necessarily make an email privileged.
In its suit, Fortnite maker Epic Games is alleging that Apple has monopolized the app distribution systems, locking developers into the systems and forcing them to accept 30% commissions for in-app payments.
Apple had looked to claw back two email conversations between several Apple employees, one of which was about a proposed idea for the App.
Scott Forstall, the former SVP of iOS at Apple, is one of the executives that may face scrutiny in Epic Games App Store lawsuit, but Apple says that it is having trouble contacting him.
Former Apple SVP of iOS Scott Forstall during a streamed remote interview in May 2020.
As part of its US-based legal action against Apple, Epic Games has demanded numerous Apple executives provide testimony. While figures such as CEO Tim Cook are readily available, a US District Court filing for the Northern District of California on Monday suggests that s not the case for everyone.
In the filing updating the court on document production and securing testimony from parties of interest spotted by
Scott Forstall, the former SVP of iOS at Apple, is one of the executives that may face scrutiny in Epic Games App Store lawsuit, but Apple says that it is having trouble contacting him.
As part of its US-based legal action against Apple, Epic Games has demanded numerous Apple executives provide testimony. While figures such as CEO Tim Cook are readily available, a US District Court filing for the Northern District of California on Monday suggests that s not the case for everyone.
In the filing updating the court on document production and securing testimony from parties of interest spotted by
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