Freeh’s Law Firm Appeals Decision in Paterno Lawsuit

Louis Freeh isn’t going down without a fight.

On Friday, the lawsuit of Pepper Hamilton LLP filed a notice in Centre County Court with plans to appeal a November decision to the Pennsylvania Superior Court. Pepper Hamilton — which acquired Freeh’s law firm through a merger in 2012 — has become entangled in the lawsuit between the Paterno estate and the NCAA, even though the national firm is not a party to the suit.

The plaintiffs in the suit — which includes the estate of former Penn State head football coach Joe Paterno, former assistant coaches Jay Paterno and William Kenney, and university trustee Al Clemens — notified the court of their intent to subpoena Pepper Hamilton in February. Penn State and Pepper Hamilton objected, arguing that the conversations between the university and the Freeh group were protected by the legal tool of attorney-client privilege.

Penn State asked for the lawsuit to be put on hold until a decision was made on the issue, which the court rejected. Now Pepper Hamilton is appealing the court’s decision, seeking to keep communications with the university under wraps.

The plaintiffs sued the NCAA last year for alleged conspiracy and defamation. They argue that the NCAA overstepped its authority in the aftermath of the Jerry Sanusky sex abuse scandal, ultimately decreasing the value of the Paterno estate and making it more difficult for Jay Paterno and Kenney to find work.

Freeh and Pepper Hamilton were dragged into the process because the former FBI director investigated how Penn State handled the Sandusky scandal. The Freeh Report, released in July 2012, formed the basis for the NCAA’s sanctions against Penn State by concluding that university leaders hid knowledge of the Sandusky’s abuse from the public.

The court previously decided that some communications between Freeh’s team and Penn State may be protected by attorney-client privilege, but also found that any communications that don’t directly ask for legal advice are fair game for the plaintiffs to request.

A hearing in the lawsuit is scheduled for Jan. 5, 2015.

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