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
section] 24-72-204(3)(a)(IV) (exempting privileged
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).
Some financial executives are told they must turn over a privileged
tax opinion, which is not necessarily the case.
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
communication could be as simple as a nod or as complex as a thousand-page document.
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.
communications are confidential; but not all confidential communications are privileged