Township Council Meeting — Agenda

a privileged attorney-client communication because it was exchanged with a necessary intermediary of the Township.8 We further note that the two emails exchanged between the Township's attorneys Mark Y. Moon and Richard D. Trenk are copied to Baree. For the reasons we have explained, the summary judgment record does not permit a finding as a matter of law that those emails, which counsel for the Township shared with a third-party Baree, are protected by the attorney-client privilege because he was a necessary intermediary for the Township. We therefore reverse the court's summary judgment award finding the thirty-three emails constitute attorney-client communications based on its legal conclusion the emails were exchanged between the Township's attorneys and necessary intermediaries of the Township. 9 8 We do not consider or address whether the email might otherwise be privileged under the "[t]he common interest exception to a waiver of confidential attorney- client communications or work product due to disclosure to third parties [that] applies to communications between attorneys for different parties if the disclosure is made due to actual or anticipated litigation for the purpose of furthering a common interest," O'Boyle v. Borough of Longport, 218 N.J. 168, 198-99 (2014), or any other privilege or exemption. Defendants have never asserted the email, or any others, fall within those privileges. 9 As noted, our determination is limited to a finding the summary judgment record does not support a determination that, as a matter of law, the emails are privileged attorney-client communications with a necessary intermediary of the A-2287-19 20 Pa020