In late February 2007, a magistrate judge in another case held that Ross could obtain a report that a lawyer hired by NXIVM prepared as part of an effort to discredit Ross, holding that it was not protected by attorney-client privilege because it had been given to third parties (see NXIVM Corp. v. O'Hara, Civil No. 05-1546 (N.D.N.Y. order Feb. 23, 2007)).
mentioned in http://www.law.com/jsp/article.jsp?id=1136838328818
article on discovery ruling: http://www.law.com/jsp/article.jsp?id=1173101906318