Kan. Follows Yellow Brick Road To Broad Privilege Waiver

Law360, New York (April 9, 2014, 1:05 PM EDT) -- ​A recent federal court opinion raises concerns about the possible inadvertent waiver of attorney-client privileged documents when responding to document requests. In Sprint Communications Co. LP v. Comcast Cable Communications LLC,[1] a Kansas district court held that an objection to a document request — including an objection on privilege grounds — is deemed waived when accompanied by a responsive answer.[2] In the lawsuit, plaintiff Sprint alleged that Comcast and other defendants (collectively, “Comcast”) infringed on various patents related to broadband and telephony products.[3]

The decision related...
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