In Las Vegas Sands Corp. v. Eighth Judicial District Court, 331 P.3d 905 (Nev. Aug. 7, 2014) (No. 63444), the Supreme Court of Nevada held that current corporate management controls a company’s privileges and a former officer may not use the company’s privileged documents even if he was a party to the privileged communications. Just prior to his termination as President and CEO of Sands, Jacobs gathered approximately 40 gigabytes of documents, including emails and other communications. Jacobs later brought a breach of contract action against Sands and disclosed that he had privileged materials that he took with him when he left the company. The documents ended up at a third party vendor and the issue was whether the vendor should return the documents to Jacobs or to the company. Jacobs argued, and the district court agreed, that under the “collective corporate client” doctrine, Sands could not deprive Jacobs of access to privileged information relevant to his breach of contract claim, particularly regarding communications in which he was a participant while a corporate officer. The Supreme Court of Nevada disagreed and issued a writ of prohibition ordering the district court to halt the return of the documents to Jacobs. The court rejected the “collective corporate client” approach, which the court acknowledged had been recognized under New York law, in favor of the approach adopted by the United States Supreme Court in Commodity Futures Trading Comm’n v. Weintraub, 471 U.S. 343 (1985). The Court in Weintraub held that, for solvent corporations, the power to waive the attorney-client privilege rests with the corporation’s officers and directors; when control of the corporation passes to new management, so too does the authority to assert and waive the corporation’s privileges.