waive privilege

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WAIVE PRIVILEGE Client confidentiality is routine practice for all professionals.
By contrast, an express waiver refers to a more deliberate choice by the privilege holder to waive privilege. (4)
Even if disclosure is not technically necessary, it may be utilized strategically to provide additional penalty protection without raising a reasonable cause defense, which may waive privilege. Internal Revenue Code Even without a [section] 6664 reasonable basis, Reasonable Cause the [section] 6662 Defense to Civil penalty and the Penalties [section] 6694 penalty can be avoided with a reasonable cause and good faith defense.
(2) Under the Supreme Court's holding in Upjohn, company counsel must explain at the outset of any internal investigation interview that he or she represents the company, not the individual employee, and therefore the privilege belongs to the company and only the company can raise or waive privilege protections.
In the article, Mike, the former Chief of the Complex Financial Instruments Unit of the Securities and Exchange Commissions Enforcement Division, discusses when it may make sense for a firm to waive privilege in a government investigation.
(100) As one court reasoned, permitting selective waiver would transform the oldest of common law privileges--the attorney-client privilege--into "merely another brush on an attorney's palette, utilized and manipulated to gain tactical or strategic advantage." (101) As a result, to assert that they have selective waiver power, agencies need to be able to point to a statute or a regulation that would authorize regulated parties to selectively waive privilege as to the agency.
(36) The filing of a disability claim or releasing records to a disability insurance company does not waive privilege. (37) Finally, sending a client to a therapist as part of trial preparation protects work product/attorney-client privilege.
(68) As the DOJ pushed more companies to waive privilege, the risk of waiver to other parties increased, and the desirability of using the selective waiver doctrine increased as well.
Some courts hold that each co-defendant can waive privilege only with respect to its own communications.
Such inter-employee discussions create the potential for a business entity to inadvertently waive privilege by disclosing attorney-client communications to outsiders.
would only waive privilege in the context of the congressional