Privilege Waivers

Common-Interest Doctrine—A Tool to Prevent Waiver of Attorney-Client Privilege in Intellectual Property Transactions

It is easy to waive attorney-client privilege inadvertently while negotiating intellectual property (“IP”) transactions. For example, when an IP owner seeks to sell a patented product, potential buyers often ask for any...more

Washington Court Weighs in on Privilege Waiver & What Is Opposition Activity

In Lodis v. Corbis Holdings, Inc., No. 67215-1-I (Wash. Ct. App. Jan. 14, 2013), the Washington State Court of Appeals has helped clarify what has become a contentious issue in employment litigation, ruling that "when a...more

Fourth Circuit Affirms Marital Privilege Does Not Apply To Emails Exchanged Using Employer’s Computer

On December 13, the U.S. Court of Appeals for the Fourth Circuit held that the marital privilege does not protect information included in emails exchanged via a spouse’s employer-owned computer and network. United States v....more

Merck Compelled to Disclose Documents; Confidentiality and Privilege Waived with Prior Disclosure to Government

A court has ruled that Merck’s production of documents to the government under a confidentiality agreement during the Vioxx investigation waived any confidentiality or privilege; documents that Merck had previously disclosed...more