Free Letter - District Court of Delaware - Delaware


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Date: April 7, 2006
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State: Delaware
Category: District Court of Delaware
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Case 1:04-cv-01258-SLR Document 313 Filed O4/07/2006 Page 1 of 2
SKADDEN, ARF-*5, SLATE, MEAGHEF? 5 FLOM LLP
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April 7, 2006 LZZZSC.
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By Electronic Filing "'E""’*
The Honorable Sue L. Robinson
United States District Court
844 King Street
Wilmington, DE 19801
RE: McKesson Information Solutions LLC v. The T riZetto Group, Inc.,
C.A. No. O4-1258 (SLR) (D. Del.)
Dear Chief Judge Robinson:
As discussed at Wednesday’s hearing, submitted herewith for Your Honor’s in
camera review are the four privileged documents that are the subject of McKesson’s
request for reconsideration. All four documents are clearly privileged and it was error for
the Special Master to require their production. These four documents are the only ones in
contention and Your Honor’s reconsideration will resolve all issues concerning the
Special Master.
The first two documents are Exhibits A and B attached to the declaration of
McKesson employee Carolyn Wukitch also submitted herewith for Your Honor’s in
camera review. The basis for McKesson’s privilege assertion is set forth in paragraphs 2
to 9 of Ms. Wukitch’s declaration. McKesson respectfully requests that Your Honor
affirm McKesson’s privilege claims with respect to the highlighted portions of Exhibit A
and the entirety of Exhibit B.
The highlighted portion of Exhibit C summarizes McKesson employee Janet
Cutcliff s discussion "this morning" with "Bill Bain," a McKesson in-house attorney.
Highlighted paragraphs 1 and 2 relate the substance of Mr. Bain’s legal advice
concerning pricing and deal structure issues in connection with McKesson’s potential
licensing and marketing agreements with TriZetto. Mr. Bain’s involvement in these
discussions was clearly for the purpose of rendering legal advice and the content of
redacted paragraphs 1 and 2 is privileged. McKesson respectfully requests that Your
Honor affirm McKesson’s privilege claim with respect to the highlighted portions of
Exhibit C.

Case 1:04-cv-01258-SLR Document 313 Filed O4/07/2006 Page 2 of 2
The Honorable Sue L. Robinson
United States District Court
April 7, 2006
Page 2
Finally, the highlighted portions of Exhibit D are communications regarding legal
options and advice concerning a potential lawsuit. The highlighted portion of this
document clearly reflects legal advice and McKesson therefore respectfully requests that
Your Honor affirm McKesson’s privilege claim concerning these portions of Exhibit D.
Respectfully submitted,
/s/ Michael A. Barlow
Michael A. Barlow (I.D. No. 3928)
Enclosures (hand delivered only)
cc: Jack B. Bltnnenfeld (By E—filing; w/o encl.)
Rodger D. Smith H (By E-filing; w/o encl.)
Jeffrey T. Thomas (By E-mail; w/o encl.)