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23 results found

Article

Jenner & Block LLP | USA | 6 Nov 2017

Court Applies Selective Waiver Where Non-Waiver Agreement in Place with Government

In In re Ex parte Application of financialright GmbH, No. 17-mc-105 (DAB) (S.D.N.Y. June 22, 2017), the court held that disclosure of privileged

Article

Jenner & Block LLP | USA | 21 Aug 2017

Disclosure of Report Citing Counsel’s Interviews Resulted in Subject Matter Waiver.

In Banneker Ventures, LLC v. Graham, No. 13-391 (RMC) (D.D.C. May 16, 2017), the district court held that a company's disclosure of a privileged

Article

Jenner & Block LLP | USA | 30 Apr 2016

Granting Quick Peek Without a Non-Waiver Agreement Resulted in Waiver

In Montanans for Community Development v. Motl, No. CV 14-55-H-DLC (D. Mont. Mar. 10, 2016), the district court held that defendant's disclosure of

Article

Jenner & Block LLP | USA | 31 Aug 2015

Employee may not waive company’s privilege by asserting advice-of-counsel defense.

In United States v. Wells Fargo Bank, N.A., No. 12-cv-7527 (JMF), 2015 WL 3999074 (S.D.N.Y. June 30, 2015) and in an Endorsed Letter, No. 12-cv-7527

Article

Jenner & Block LLP | USA | 31 Aug 2015

Using privileged documents to defend against sanctions motion waived privilege.

In Apple Inc. v. Samsung Elec. Co. Ltd., No. 11-CV-01846, 2015 WL 3863249 (N.D. Cal. June 19, 2015), the court denied a motion to set aside a

Article

Jenner & Block LLP | USA | 22 Dec 2014

No waiver for disclosure of legal advice to employees with a need to know

In Moffatt v. Wazana Brothers International, No. 14-1881 (E.D. Pa. Oct. 24, 2014), the district court held that a non-lawyer's disclosure of legal

Article

Jenner & Block LLP | USA | 22 Dec 2014

Disclosure of legal memo to third party pension managers did not waive privilege

In In re Bank of New York Mellon Corp. Forex Transactions Litigation, Nos. 12-md-2335, 11-cv-6969 (S.D.N.Y. Nov. 10, 2014), the district court held

Article

Jenner & Block LLP | USA | 12 Jun 2014

General statements of reliance on advice of counsel don’t waive privilege

In Gardner v. Major Automobile Cos., No. 11 Civ. 1664 (E.D.N.Y. Mar. 31, 2014), the court held that general statements made during a deposition that

Article

Jenner & Block LLP | USA | 30 Apr 2014

Disclosure to third-party litigation funder waived privilege

In Miller UK Ltd v. Caterpillar, Inc., No. 10-cv-3770 (N.D. Ill. Jan. 6, 2014), the district court held that plaintiff's disclosure of

Article

Jenner & Block LLP | USA | 14 Mar 2014

Disclosure of work product to non-adverse third party did not waive work product

In Skynet Electronic Co. v. Flextronics International, Ltd., No. 12-cv-06317 (N.D. Cal. Dec. 16, 2013), the court held that disclosure of work

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