Commercial Litigation and Arbitration

February 1, 2007

A three-part test is generally used to determine whether a party has waived the attorney-client privilege by placing privileged communications ‛at issue.“ An implied waiver occurs when (1) the party asserts the privilege as a result of some affirmative act, such as filing suit; (2) through this affirmative act, the asserting party puts the privileged informa ...
A three-part test is generally used to determine whether a party has waived the attorney-client privilege by placing privileged communications ‛at issue.“ An implied waiver occurs when (1) the party asserts the privilege as a result of some affirmative act,…

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