In Davis v. Hugo Enterprises, LLC, No. 11-221 (D. Neb. Jan. 9, 2013), the district court held that a party’s disclosure of an investigative report prepared by outside counsel did not waive attorney-client privilege over a prior investigation conducted by in-house counsel. Here, a company’s in-house counsel conducted an internal investigation in response to an employee’s allegations of sexual harassment. When the employee made further allegations of retaliation, the company engaged outside counsel, which prepared a report. The company produced the latter report in the litigation, but withheld the in-house investigation materials on grounds of attorney-client privilege. Plaintiff argued that the disclosure waived privilege, but the court disagreed. While the disclosure may have resulted in subject matter waiver, the subject matter of the disclosure did not extend to the prior investigation.