In Brown v. NCL (Bahamas), Ltd., No. 15-21732 (S.D. Fla. Dec. 9, 2015), the district court held that a ship owner, NCL, did not waive work product protection over a witness statement that it provided voluntarily to port police. In this case, plaintiff filed a lawsuit against NCL after a passenger allegedly attacked her in her room during a cruise. Shortly after the incident, an NCL security officer obtained a one-page written, signed statement from the man who allegedly attacked plaintiff. Plaintiff wanted to speak with local law enforcement officials to press criminal charges, so NCL notified port police. The police asked NCL for a copy of the witness statement and NCL voluntarily provided a copy to the police. In this subsequent civil litigation, plaintiff requested the letter in discovery and NCL asserted the work product protection. The issue before the court was whether NCL had waived the work product protection by disclosing the document to the police. The work product doctrine is waived through disclosure to a litigation adversary or through a disclosure that substantially increases the opportunity for a potential adversary to obtain the protected information. The court noted that there was nothing in the record to suggest that NCL was in an adversarial relationship with the police, or that NCL disclosed the document in order to escape or limit criminal prosecution. Instead, NCL turned over the document in an effort to cooperate with a law enforcement investigation of a third party. The court also found that it was reasonable for NCL to expect the police would not disclose the document to third parties. Under these circumstances, the protection remained intact.