Waiver Of Attorney-Client Privilege After Seagate

Law360, New York (April 21, 2010, 11:58 AM EDT) -- A number of years ago, a client accused of patent infringement would risk having their litigation counsel disqualified if attorneys from the same firm had also prepared an opinion related to the subject matter of the litigation. At the very least, the client would run a significant risk that relying on such an opinion would waive attorney-client privilege with trial counsel as to the subject matter of the opinion.

While recent decisions by the Federal Circuit have greatly reduced that risk, they have not directly addressed...
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