Topic
Privilege Waiver
55 published works
All Things Canada
Privilege at Risk: How Pleading Lack of Legal Understanding Can Backfire
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…
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…
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…
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…
eDiscovery Watch
Failure to Produce Privilege Log
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).…
Legal Profession Blog
Clawback Saves Privilege Waiver
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…
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
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…
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…
eDiscovery Bytes
Episode 131: Can Failing to Produce a Privilege Log Lead to Waiver of Privilege and Sanctions?
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…
Presnell on Privileges
Advice-of-Counsel Privilege Waiver—How Far Does It Extend?
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…