In Lambright v. Ryan, 698 F.3d 808 (9th Cir. 2012) (No. 10-99012), the Ninth Circuit held that the district court abused its discretion by modifying a protective order entered in an federal habeas proceeding to allow state prosecutors to use privileged materials disclosed in the habeas proceeding against petitioner at his resentencing hearing. First, under the Ninth Circuit standard decided in Bittaker v. Woodford, 331 F.3d 715 (9th Cir. 2003) (en banc), the court reaffirmed that although a petitioner impliedly waives his attorney-client privilege by alleging ineffective assistance of counsel, such waiver is narrow and does not extend beyond adjudication of the ineffectiveness claim in the federal habeas proceeding. To protect the petitioner’s right to limited waiver, a district court must enter a protective order prior to allowing commencement of discovery, and it was an error of law and thus an abuse of discretion when the district court failed to do so in Lambright’s case. Second, the court explained that the holding in Bittaker extends to the entire habeas litigation, not just to pre-trial discovery. The district court’s finding that Lambright forfeited protection over privileged materials introduced during the evidentiary hearing was an abuse of discretion.