Doc Film That Cut A/C Privilege in $113B Enviro Case Also Pierced Filmmaker’s Shield, 2nd Cir. Says

Last year, a decision to cooperate with a filmmaker making a documentary about a $113 billion Ecuadorean environmental case cost plaintiffs’ counsel their attorney-client privilege. Now in the latest adverse ruling to the plaintiffs as a result of the Crude documentary, a federal appeals court has held that the film also invalidated the filmmaker’s journalistic privilege, because he cooperated with counsel while making the movie rather than acting independently. In a decision this week (PDF), the 2nd U.S. Circuit Court of Appeals agreed with a trial court that Joe Berlinger, the maker of the movie, gave up his journalistic shield when he made changes demanded by…