In Total Recall Technologies v. Luckey, No. C15-02281 (N.D. Cal. Apr. 4, 2016), the court held that disclosure of privileged information to a third party business confidante waived otherwise applicable privileges.  Plaintiff Total Recall is a partnership of Igra and Seidl.  In response to defendant’s discovery requests, Total Recall withheld 75 documents on privilege grounds, including communications between Igra and Hevrony, the CEO of a real estate company where Igra previously worked, and upon whom Igra relies as a business adviser, trusted friend and business confidante.  Hevrony was never employed by Total Recall, nor did he have a financial interest in the partnership.  The communications between Igra and Hevrony included disclosures of the substance of attorney-client communications between Igra and his counsel.  Applying California law, the court held that disclosure of otherwise privileged information to Hevrony waived the privilege, because Hevrony had no stake in Total Recall or in the litigation, and he lacked a ‘’need to know’’ the contents of any attorney-client communications between Igra and his counsel.  The court explained that Igra was free to seek business advice from Hevrony, but he could do so without revealing the counsel’s communications to ‘’a stranger to the attorney-client consultation.”