In Dresser-Rand Co. v. Schutte & Koerting Acquisition Co., 242 F. Supp. 3d 576  (S.D. Tex. 2017) (No. H-12-184), the court held that plaintiff’s voluntary disclosure of an expert report to the government to encourage the government to initiate a criminal prosecution waived otherwise applicable work product protections.  Plaintiff brought this action against a competitor and two of plaintiff’s former employees alleging that the employees had misappropriated trade secrets and other confidential information.  After filing the lawsuit, plaintiff approached the U.S. Attorney’s Office in an attempt to encourage criminal prosecution of the former employees.  Plaintiff voluntarily turned over a forensic expert’s report to the federal prosecutors.  In the civil litigation, Plaintiff withheld from discovery the expert report and related correspondence between plaintiff and the prosecutors on grounds of the joint prosecution privilege and work product protections.  The court held that the disclosure waived work product protections.  The court explained that some courts have applied a joint prosecution privilege in the context of False Claims Act litigation, where a relator brings a qui tam action on behalf of the government, and where it could be said that the government and the relator shared a common legal interest.  However, the court found that there was no common interest between the civil action before the court and a criminal prosecution.  “[Plaintiff] made a calculated disclosure to further the government’s inclination to prosecute the two former employees.  In the context of a criminal prosecution, there is no joint prosecution privilege between [Plaintiff] and the United States.”