Rejecting 'Selective Waiver' In The 9th Circ.

Law360, New York (April 23, 2012, 1:29 PM EDT) -- On April 17, 2012, a panel of the United States Court of Appeals for the Ninth Circuit finally rejected the principle of “selective waiver” of the attorney-client privilege. Pacific Pictures Corp. v. U.S. District Court, No. 11-71844 (9th Cir. Apr. 17, 2012). The question of selective waiver — whether materials covered by the attorney-client privilege can be disclosed to the government without waiving the privilege — has been the subject of much disagreement by the courts, the bar, commentators and Congress for years. Previously, however, the...
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