Centre Daily Times Logo

Law firm defends privilege; Paternos to subpoena trustees’ former secretary | Centre Daily Times

×
  • E-edition
  • Home
    • Customer Service
    • Mobile & Apps
    • Archives
    • Contact Us
    • Plus
    • eEdition
    • Newsletters
    • Subscribe
    • About Us
    • Local
    • Penn State
    • Sandusky Scandal
    • Communities
    • Crime
    • Business
    • Education
    • Politics
    • Public Records
    • State
    • Nation/World
    • Weird News
    • Sports
    • College
    • Golf
    • High School
    • MLB
    • Motorsports
    • NFL
    • NHL
    • Outdoors
    • Penn State
    • State College Spikes
    • Politics
    • Elections
    • PSU Sports
    • PSU Football
    • PSU Basketball
    • PSU Baseball
    • PSU Hockey
    • PSU Soccer
    • PSU Volleyball
    • PSU Wrestling
    • Nittany Lines Blog
  • Penn State Football
    • Living
    • Announcements
    • Family Pages
    • Eat, Play, Live
    • Home & Garden
    • Entertainment
    • Weekender
    • Comics
    • Games & Puzzles
    • Celebrities
    • Horoscopes
    • Movie News & Reviews
    • Music
    • TV
    • Opinion
    • Editorial Cartoons
    • Submit a Letter
  • Obituaries

  • Classifieds
  • Jobs
  • Cars
  • Homes
  • Place An Ad
  • Mobile & Apps

Penn State

Law firm defends privilege; Paternos to subpoena trustees’ former secretary

By Lori Falce - lfalce@centredaily.com

    ORDER REPRINT →

November 01, 2014 01:05 AM

Dueling documents were submitted Friday in Centre County Court in the ongoing lawsuit between the Joe Paterno estate on one side and the NCAA and Penn State on the other.

Pepper Hamilton LLP submitted a memorandum in support of its own motion for a stay pending appeal and for a protective order in the case. Freeh Sporkin and Sullivan LLP merged with Pepper Hamilton in August 2012, after Louis Freeh’s investigation was commissioned by the university on the Jerry Sandusky child sex abuse scandal.

In a September order, Judge John Leete said many of Penn State’s objections to discovery based on attorney-client privilege were not valid because that right was in the hands of Pepper Hamilton.

Pepper Hamilton subsequently filed a non-party motion on the issue, which the Paterno attorneys protested last week, prompting the law firm’s return volley.

SIGN UP

Sign Up and Save

Get six months of free digital access to the Centre Daily Times

SUBSCRIBE WITH GOOGLE

#ReadLocal

“Pepper Hamilton will be forced to disclose documents protected by the attorney-client privilege in derogation of its ethical obligation to Penn State, the client, which as plaintiffs concede, owns that privilege,” the memorandum, submitted by attorney Thomas Zemaitis, stated.

The firm also protested the plan to protect the information contained by the court’s stipulated confidentiality agreement and protective order, saying media outlets could challenge that the production of the documents waived privilege and opened them to broader access. The only way to prevent that, they said, was a stay pending a Supreme Court decision on Penn State’s appeal.

“Otherwise, the proverbial cat will have been let out of the bag and Pepper Hamilton’s ability to protect privileged information (is) severely compromised,” the memorandum stated.

A second document filed in support of the firm’s position was a statement from former Freeh Sporkin and Sullivan attorney Omar McNeill, the lead project manager on the Penn State investigation, who said all work was done with the expectation of attorney-client privilege.

“It was routine practice, for instance, for the investigators to advise Penn State employee witnesses that information provided in interviews would be protected by an attorney-client privilege that belonged to the (Penn State board of trustees special investigations) task force and for the investigators to advise witnesses that the interviews were confidential,” McNeill stated.

In return, the Paterno estate was also filing documents Friday, entering a notice of intent to serve a subpoena to Paula Ammerman, the former board of trustees secretary who retired in May 2013.

The requested documents included anything “created, sent or received” as board secretary in relation to Sandusky, Paterno, the investigation, the Freeh report, the NCAA’s investigation or the consent decree, the document by which the NCAA and Penn State agreed on the historic sanctions — including $60 million in fines, scholarship restrictions and a postseason ban.

Other requests included any documents related to meetings, conferences or discussions on those topics and communications between then-president Rodney Erickson and any representative of the NCAA, including president and named party to the lawsuit Mark Emmert.

The Paterno estate and co-plaintiffs — trustee Al Clemens and football coaches Bill Kenney and Jay Paterno — are suing the NCAA and the university for breach of contract. The NCAA is also accused of interference, disparagement, defamation and conspiracy.

  Comments  

Videos

After season of parking issues AD says they want best for fans

Penn State engineers create device to train surgeons

View More Video

Trending Stories

Penn State’s Sandy Barbour becomes one of the Big Ten’s highest-paid athletic directors

February 22, 2019 12:31 PM

After donating sperm in State College, one man found his offspring — and love — decades later

February 22, 2019 12:24 PM

After plowing through snow days, Centre County school districts will extend school year

February 22, 2019 12:01 PM

Where does Penn State wrestling’s current win streak belong among other great PSU sports teams?

February 22, 2019 09:38 PM

Former Penn State kicker Robbie Gould understands speculation about possible Chicago Bears return

February 22, 2019 06:55 PM

things to do

Read Next

Penn State set to move forward with more than $140 million in capital projects

Penn State

Penn State set to move forward with more than $140 million in capital projects

By Sarah Paez

    ORDER REPRINT →

February 21, 2019 08:28 PM

Penn State’s proposed state appropriations for the 2019-2020 school year are level since last year, but the university is set to move forward with several big-budget capital projects.

KEEP READING

Sign Up and Save

#ReadLocal

Get six months of free digital access to the Centre Daily Times

SUBSCRIBE WITH GOOGLE

MORE PENN STATE

Penn State student reports on-campus robbery

Penn State

Penn State student reports on-campus robbery

February 21, 2019 02:42 PM
Penn State Thon total tops $10 million for second consecutive year

Penn State

Penn State Thon total tops $10 million for second consecutive year

February 17, 2019 04:16 PM
Thon 2019 kicks off with surprise performance by Andy Grammer

Penn State

Thon 2019 kicks off with surprise performance by Andy Grammer

February 15, 2019 10:20 PM
Penn State student reports assault, robbery on campus

Penn State

Penn State student reports assault, robbery on campus

February 11, 2019 01:28 PM
With new technology, kids in the hospital can still experience Thon. Here’s how

Penn State

With new technology, kids in the hospital can still experience Thon. Here’s how

February 08, 2019 02:36 PM
Penn State research: How Craigslist can cut solid waste, one used sofa at a time

Living Columns & Blogs

Penn State research: How Craigslist can cut solid waste, one used sofa at a time

February 07, 2019 06:54 PM
Take Us With You

Real-time updates and all local stories you want right in the palm of your hand.

Icon for mobile apps

Centre Daily Times App

View Newsletters

Subscriptions
  • Start a Subscription
  • Customer Service
  • eEdition
  • Vacation Hold
  • Pay Your Bill
  • Rewards
Learn More
  • About Us
  • Contact Us
  • Newsletters
  • News in Education
  • Photo Store
  • Archives
Advertising
  • Information
  • Place a Classified
  • Local Deals
  • Place an Obituary
  • Today's Circulars
Copyright
Privacy Policy
Terms of Service


Back to Story