A company that was the leading supplier of home water filtration systems had a network of sales promoters who were under contract for two- or three-year terms and were compensated solely by commissions earned from sales and by occasional bonuses. Veteran promoters also earned commissions by recruiting other promoters for the company. One of the company's veteran promoters was contacted by a former top sales representative for another manufacturer who was looking for similar sales opportunities in the region. The sales rep knew that the promoter might be able to get her a position with his company, which was looking for additional promoters. At the time he met with the sales rep, the promoter's contract with the company had one more month to run. When the promoter's contract with the company expired, he announced that he was forming his own business to market a different line of water filtration systems manufactured by a competitor of the company, and that the sales rep would be in charge of his promotional network. The company brought an action against the promoter for interference with business relations for hiring the sales rep. At a preliminary hearing, the parties stipulated to the above facts and that the promoter was an independent contractor rather than an employee of the company. The promoter then filed a motion for a summary judgment in his favor. Should the court grant the promoter's motion

The secrecy of communications between two parties, who the law recognizes as being entitled to a private, protected connection, is safeguarded by privileged communication.

Are privileged and confidential the same thing?

Confidentiality is the obligation to safeguard another person's disclosure preferences. A legal principle known as privilege forbids the revealing of private information without the consent of the subject.

What is a privilege claim?

Privilege assertions must be made question by question or document by document. Generalizations are not preferred. Because the privilege must be objected to as soon as possible or the claim is waived, it is typically raised during discovery prior to trial.

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