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Case 1:15-cv-07433-LAP Document 1325-1 Filed 01/04/24 Page 11 of 21 Il. THE ABSOLUTE PRIVILEGE OF THE SHIELD LAW IS NOT APPLICABLE BECAUSE THERE WAS NO EXPECTATION OF CONFIDENTIALITY As with all attempts to block the discovery of relevant information “[t]he burden rests upon the [party invoking privilege] to demonstrate that the material is privileged.” People v. Wolf, 39 A.D.2d 864, 864, 333 N.Y.S.2d 299, 301 (1972). “To successfully raise a claim of privilege under this statute, the information must be imparted to the reporter under a ‘cloak of confidentiality’. There had to be an understanding, express or implied, that the information will not be disclosed” People v. Bova, 118 Misc. 2d 14, 19, 460 N.Y.S.2d 230, 233 (Sup. Ct. 1983); Hennigan v. Buffalo Courier Express Co., Inc., 85 A.D.2d 924, 446 N.Y.S.2d 767 (“The confidential relationship with the source must first be established in order to determine the interest to be balanced against that of a civil litigant. Full disclosure is the general rule and the burden of showing immunity from disclosure is on the party asserting it’); People v. LeGrand, 67 A.D.2d 446, 415 N.Y.S.2d 252; Matter of WBAI-FM vy. Proskin, 42 A.D.2d 5, 344 N.Y.S.2d 393; Matter of Wolf, 39 A.D.2d 864, 333 N.Y.S.2d 299; Davis v. Davis, 88 Misc.2d 1, 386 N.Y.S.2d 992). Churcher admits that her conversations and communications with Plaintiff were not made with any expectation of confidentiality. Indeed, quite the opposite. The express reason for the communication was to obtain press coverage and to cause the publications of the series of articles written and published by Churcher. Plaintiff was paid over $140,000 to go “on record.” With respect to any other “source” of information over which Churcher claims an “absolute” privilege, there is no issue. Ms. Maxwell is not seeking this information. Ms. Maxwell recognizes that there are occasions in which Churcher attributes information to a confidential source. Ms. Maxwell does not seek to compel documents relating to these limited individuals, to the extent the information and source was not later revealed, and will not question