Privilege
More Privilege Articles
Privilege
Court Takes Expansive View of an Implied Waiver: Part I
Unlike an intentional or unintentional express waiver involving actual disclosure of a privileged communication, a litigant can trigger an implied waiver by relying on the fact of such a privileged communication rather than its content.
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The Worrisome Nature of “Discovery About Discovery”
Aggressive plaintiffs sometimes try to generate a “side show” by challenging corporate defendants’ discovery responses (usually their document productions).
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Do Not Forget the Consequences of Judges’ Role in Assessing Privilege Protection
In both the federal and state judicial systems, judges assess privilege and work product protection claims — sometimes coordinating with judges at other levels. But there is a lurking unspoken risk that some lawyers may overlook.
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