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EXXON MOBIL CORP. v. HILL

No. 13-30830.

751 F.3d 379 (2014)

EXXON MOBIL CORPORATION, Plaintiff-Appellant v. Clarence HILL; Timothy J. Falcon; Jeremiah A. Sprague; Frank M. Buck, Jr., Defendants-Appellees.

United States Court of Appeals, Fifth Circuit.

May 6, 2014.

Attorney(s) appearing for the Case

Martin A. Stern , Glen Marion Pilie, Esq. , Diana Cole Surprenant , Raymond Peter Ward , Adams & Reese, L.L.P., New Orleans, LA, for Plaintiff-Appellant.

Jeremiah Alexander Mark Sprague, Esq. , Jarrett Stephen Falcon , Timothy John Falcon, Esq. , Falcon Law Firm, Marrero, LA, Frank M. Buck, Jr., Esq. , New Orleans, LA, for Defendants-Appellees.

Before SMITH, ELROD, and SOUTHWICK, Circuit Judges.

JERRY E. SMITH, Circuit Judge:

Exxon Mobil Corporation ("Exxon Mobil") appeals a judgment that dismissed its intervention based on the district court's ruling that a memorandum prepared by Exxon Mobil's in-house counsel was ineligible for the protections of the attorney-client privilege. Concluding that the memorandum is privileged, we vacate and remand.

I.

In the late 1980s, Exxon Mobil was negotiating with another company ("ITCO") over a proposed...

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