2nd Circ. Clarifies 'At Issue' Confidentiality Waiver

Law360, New York (October 15, 2008, 12:00 AM EDT) -- The privilege that generally protects communications between lawyers and clients is wiped out during litigation by the “at issue” waiver only if the party asserting the privilege has relied on the communication to lodge a claim or defense, the U.S. Court of Appeals for the Second Circuit has ruled.

In an opinion handed down Tuesday, the Second Circuit took issue with a legal standard that overrides the attorney-client privilege too readily, because it says that communications lose their protection whenever they are placed at issue in...
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