To use another analogy, the parties’
privilege theory here is akin to claiming that a homeowner pursued “legal advice” regarding noise
complaints by having his lawyer hire a marching band to perform in his backyard. Fusion GPS,
having worked aggressively and loudly within media circles to seed its un-vetted work product into
the public domain, cannot now presumptively and in wholesale fashion claim the protections that
are reserved specifically for confidential legal advice.