Privilege Trends: Limited Waiver Survives

Gregory P. Joseph* Recent attorney-client privilege decisions from the First and Second Circuits reflect that there is vitality in the generally disfavored doctrine of limited waiver — even in jurisdictions that have historically been cool to the concept. The opinions in In re Grand Jury Proceedings (John Doe Co. v. United States), 350 F.3d 299 (2d Cir. 2003) and XYZ Corp. v. Uni ...

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