www.law.com/jsp/article.jsp?id=1177936777817&pos=atagla -
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Published on: 5/1/2007
Last Visited: 5/1/2007
The attorney whose actions Abramson addressed in the opinion, Rudy Garcia of Buchanan Ingersoll & Rooney in Philadelphia, said that any mid-deposition discussions that occurred between him and former AmerisourceBergen Vice President Alan Clock are covered by the attorney-client privilege.
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Clock was the witness at a Feb. 19 video deposition that took place in Buchanan Ingersoll's Center City, Pa., offices.
According to the opinion, Clock, who had been involved in the negotiations leading to the AmerisourceBergen/Curascript agreement, was questioned first that day by Curascript attorney James Monafo of Husch & Eppenberger in St. Louis, Mo.
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"During his deposition," Abramson wrote, "Curascript's counsel questioned Mr. Clock regarding his understanding of the liquidated damages provision contained within the Curascript agreement.In response, Mr. Clock testified that the provision would serve to compensate AmerisourceBergen for any damages incurred in the past, present and future as it related to the deal."
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According to the opinion, three breaks occurred during Monafo's questioning of Clock.
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Garcia objected on attorney-client privilege grounds, and instructed Clock not to answer the question.
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After the deposition, Curascript filed a discovery motion concerning the possibility that Garcia and Clock had discussed the meaning of the AmerisourceBergen/Curascript agreement's liquidated damages clause in off-the-record conversations during the deposition's breaks.
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In a mid-March order, Abramson directed Clock to respond to all questions regarding his mid-deposition conversations with Garcia.