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Privilege Waiver

55 published works

  1. All Things Canada

    Privilege at Risk: How Pleading Lack of Legal Understanding Can Backfire

    By Daniel Waldman

    What happens when a party claims it misunderstood the legal consequences of a contract, but had in fact obtained legal advice at the time it was executed?  The short answer…

  2. Commercial Case Notes

    Privilege Waived by Putting Counsel’s Advice at Issue

    By John Lundin

    On April 14, 2026, the First Department issued a decision in Prospect Capital Corp. v. Morgan Lewis & Bockius LLP, 2026 NY Slip Op. 02220, holding that a party waived…

  3. eDiscovery Today Blog

    Preoccupation with Plaintiff’s Use of AI Needs to Abate, Court Rules: Artificial Intelligence Trends

    By Doug Austin

    Not so fast on the waiver of privilege for using AI. This court ruled “Defendants' preoccupation with Plaintiff's use of AI needs to abate.” The post Preoccupation with Plaintiff’s Use…

  4. eDiscovery Today Blog

    Five Factors for Inadvertent Disclosure Lead to Waiver of Privilege: eDiscovery Case Law

    By Doug Austin

    In U.S. ex rel. Omni Healthcare, Inc. v. MD Spine Sols. LLC, Massachusetts Magistrate Judge Donald L. Cabell, in evaluating five factors for inadvertent disclosure, found that the “defendants have…

  5. eDiscovery Watch

    Failure to Produce Privilege Log

    By Kathryn C. Cole

    One court recently held that the failure to produce a privilege log for responsive documents withheld from discovery resulted in a waiver of privilege and warranted sanctions under Rule 37(b)(2).…

  6. Legal Profession Blog

    Clawback Saves Privilege Waiver

    By Michael Frisch

    Two points of ethics interest in a decision issued today by the New Jersey Supreme Court are summarized below5. The emails between Valley and its general counsel for the purpose…

  7. eDiscovery Bytes

    Episode 136: Back to Basics — How One Party’s Failure to Recognize When the Duty to Preserve Arose Resulted in Waiver of Privilege

    By Kelly Twigger

    In Episode 136, Kelly Twigger discusses whether an FRE 502(d) order is appropriate to allow a party to intentionally disclose privilege materials, and how one party’s correspondence about the date…

  8. eDiscovery Today Blog

    Waiver of Privilege for Emails on Employer System Addressed by Oregon Supreme Court: eDiscovery Case Law

    By Doug Austin

    In Gollersrud v. LPMC, LLC, the Supreme Court of Oregon ruled on the issue of waiver of privilege for emails on an employer email system, ruling in a writ of…

  9. eDiscovery Bytes

    Episode 131: Can Failing to Produce a Privilege Log Lead to Waiver of Privilege and Sanctions?

    By Kelly Twigger

    In Episode 131, our CEO and Founder, Kelly Twigger discusses how the failure to produce a privilege log for withheld documents resulted in a waiver of privilege and sanctions under…

  10. Presnell on Privileges

    Advice-of-Counsel Privilege Waiver—How Far Does It Extend?

    By Todd Presnell

    The broad concept of at-issue privilege waiver is best illustrated by the advice-of-counsel waiver doctrine which, as its moniker signals, arises when a party claims that he relied on his…