Illinois Supreme Court: Subject Matter Waiver Does Not Apply to Extra-Judicial Disclosures

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The Illinois Supreme Court has held that the subject matter waiver applies only to disclosures made during litigation to gain a tactical advantage. The subject matter waiver doctrine creates an exception to the attorney-client privilege where a party selectively discloses some, but not all, of its attorney-client communications. The court held that the subject matter waiver doctrine does not apply to disclosures made during business transactions or other extra-judicial settings.

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