If enacted by Congress, Federal Rule of Evidence 502 will define the scope of subject matter waiver of both attorney-client privilege and work product protection.  Unless and until that happens, the common law governs.  One traditional event triggering a waiver is a party’s reliance on advice of counsel as a defense.  The Federal Circuit explored the scope of such ...
If enacted by Congress, Federal Rule of Evidence 502 will define the scope of subject matter waiver of both attorney-client privilege and work product protection.  Unless and until that happens, the common law governs.  One traditional event triggering a waiver…