In an asbestos litigation dispute, Georgia-Pacific wanted to classify several studies--which the company had funded to aid in the defense of the litigation--as "privileged" and thus not discoverable.
But when there's evidence which shows that a crime or fraud has occurred, and those disputed materials were used to further that misconduct, then (according to New York law) those documents aren't protected from disclosure.
Because the New York County Supreme Court and the Appellate Division, First Department, thought that the company's data fell within that "crime-fraud exception," and that it would be prejudicial to cloak the data with "privilege" protection, the documents in question were ordered to be produced.
That had to have fired them up.
To view a copy of the Appellate Division's decision, please use this link Weitz & Luxenberg P.C. v. Georgia-Pacific LLC