SKY ANGEL U.S., LLC, Plaintiff — Appellant, v. DISCOVERY COMMUNICATIONS, LLC; ANIMAL PLANET, L.L.C., Defendants — Appellees., 885 F.3d 271

Summary

HOLDINGS: [1]-Appellees, a television distributor, did not waive attorney-client privilege with respect to documents appellant media company sought to compel at trial because there was no disclosure of a communication or information covered by the attorney-client privilege in the first place, as required by Fed. R. Evid. 502; [2]-Considering extrinsic evidence because the terms of the contract were ambiguous, in particular the definition of "high-speed data connection," the court affirmed that the media company was not deprived of a reasonable expectation that it could distribute the distributor's content over the public internet because the expansive reading sought by the media company would have made the reservation of rights in the agreement largely pointless, and granting the rights it claimed would have been a clear violation of the distributor's own rules.