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Related to privileged: privileged information
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Not only would selective waiver benefit the agency, it would relieve the target companies, which could comply fully with agency requests without the fear that their privileged documents would be used in private litigation.
Many e-discovery cognoscenti have asserted that such a step has little downside and is essential to ensuring the safe return of mistakenly produced privileged content.
The possibilities ranged from no waiver, to a complete waiver for all privileged communications (or at least a waiver as to all privileged communications of a similar subject matter).
Generally, in the insurance defense arena, courts have decided that communications between a policyholder and its attorney connected with the defense of an underlying litigation are normally not privileged vis-a-vis the insured's carriers.
The Supreme Court ruled that a communication is privileged when management authorizes an employee or former employee to speak with an attorney (or agent thereof) regarding conduct of proposed conduct related to employment (Upjohn v.
If the communication was made in the presence of third parties (20) or with the intention of being communicated to a third party, (21) then the communication is not privileged.
The concept of privileged communication is contrary to the philosophy of rules of evidence in court proceedings.
Waiver may occur by express and voluntary surrender of the privilege, by partial disclosure of a privileged document, by selective disclosure to some "outsiders" or by inadvertent overhearing or disclosure.
All privileged communications are confidential; but not all confidential communications are privileged.

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