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Affirmative Defenses Privilege Waivers

BCLP

The Advice of Counsel Defense - Just How Far Does that Attorney-Client Privilege Waiver Go?

BCLP on

Following a recent federal court ruling, parties contemplating an advice of counsel defense must consider carefully the scope of the accompanying attorney-client privilege waiver. In United States ex rel. Lutz v. Berkeley...more

McGuireWoods LLP

Does Asserting a "Good Faith" Affirmative Defense Waive the Attorney-Client Privilege?: Part II

McGuireWoods LLP on

Other courts take a different view. In Bacchi v. Massachusetts Mutual Life Insurance Co., defendant resisting a policyholder class action filed affirmative defenses "that it acted in good faith . . . and that its actions were...more

McGuireWoods LLP

Does Asserting a "Good Faith" Affirmative Defense Waive the Attorney-Client Privilege?: Part I

McGuireWoods LLP on

As the most extreme example of an implied waiver, the "at issue" doctrine can waive privilege protection if a litigant affirmatively raises an issue that implicates privileged communications. Some courts hold that...more

Saul Ewing LLP

White Collar Watch - October 2014

Saul Ewing LLP on

In This Issue: - Government demonstrates willingness to enforce Affordable Care Act provision that could cost providers millions of dollars - Words can come back to haunt you: Boilerplate pleading could lead...more

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