Nationwide v. Fleming, Brief for Plaintiff-Appellants. Docket No. 32 WAP 2007; Appeal From the Order of the Superior Court on May 21, 2007 in No. 207 WDA 2005, Which Affirmed Order Entered on January 25, 2005 in Court of Common Pleas of Butler County, Civil Division, No. EQ 99-50018. The Superior Court held the confidential memorandum sent by Nationwide's in-house senior counsel to senior officers, executives, and attorneys was not privileged as it was not a communication from the client to the attorney and did not include confidential information. This brief argues confidential communications are not only from client to attorney, but also attorney to client, and related to pending and future litigation and reflected confidential information previously shared by the client with the attorney, as well as attorney's legal advice.