Attorney-Client Privilege: Not Everyone Can Waive It

Law360, New York (November 27, 2013, 5:55 PM EST) -- Hedden v. Kean University, A-4999-12T2, decided by the New Jersey Appellate Division on Oct. 24, 2013, provides a tutorial on the ability of low- to mid-level employees to create privileged attorney-client communications, and to waive that privilege by subsequent disclosures.

Hedden involves a claim by Kean University’s former athletic director against the university (and others, not relevant here) under the New Jersey Conscientious Employee Protection Act, N.J.S.A. 34:19-1 et seq., commonly referred to as the “Whistleblower Statute.”

The gravamen of Hedden’s CEPA claim was that his...
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