A U.S. judge has accused Apple of misusing legal confidentiality to withhold internal documents in its long-running legal battle with Epic Games, the creator of Fortnite. This latest dispute stems from a broader antitrust fight over Apple’s App Store practices, particularly its control over payment systems.
U.S. Magistrate Judge Thomas Hixson, based in San Francisco, dismissed Apple’s claims that attorney-client privilege allowed it to withhold tens of thousands of documents from Epic Games. Epic had argued that Apple failed to comply with a 2021 ruling that gave developers more freedom to direct app users to alternative payment methods. The company also asked the court to hold Apple in contempt for allegedly flouting the injunction.
Apple, which has produced 95,000 documents for Epic, withheld 57,000 others, citing legal protections. In his ruling, Hixson criticized Apple’s broad interpretation of privilege, remarking that it could not be used as a “giant fog bank” to obscure relevant business documents. He specifically ordered Apple to release files related to user interface decisions and even a draft press briefing.
Epic accused Apple of leveraging privilege claims to withhold critical evidence, calling the practice “improper and unsubstantiated.” Apple has denied violating the court’s order, and neither company provided immediate public comment.
The broader issue of attorney-client privilege has surfaced in other tech cases, with the U.S. Department of Justice previously accusing Google of similarly misusing the legal shield in an antitrust suit. While Google faced scrutiny, a judge declined to sanction the company.
This case continues to evolve, highlighting the tension between legal protections and corporate transparency in high-stakes tech disputes.
