The Battle Over Blog Drafts
Compass also seeks drafts of blog posts written by Redfin CEO Glenn Kelman, which it says predated the public announcement of Zillow’s controversial listing policy. According to Compass, those drafts are “highly relevant” because they reveal internal communications about Zillow’s plans before they were made public.
Redfin has refused to turn them over, arguing the drafts are protected by attorney-client privilege. But Compass countered that the posts were business communications, not legal advice, citing precedent from Renner v. Chase Manhattan Bank (2001) that distinguishes legal counsel from business strategy.
“Redfin cannot shield entire drafts written for business purposes under the guise of privilege,” Compass asserted, adding that only specific legal comments should be redacted—not the whole text.
Fight Over Access to Full Agreement
Compass insists that the court needs an unredacted version of the Zillow-Redfin rental agreement to fully assess its claims. It argues that the version attached to the FTC suit is incomplete and that Redfin’s refusal to disclose the document “defies logic.”
“Compass should have the ability to use—and the court should have the benefit of assessing—the full, complete, and accurate version of the agreement,” the brokerage told the court.
