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Privilege Waivers Good Faith

Carlton Fields

Washington Federal Court Finds Attorney-Client Privilege Waived by Claims Handler’s Inadvertent Disclosure of In-House Counsel’s...

Carlton Fields on

A federal district court in Washington recently held that a claims handling mishap resulted in a waiver of the attorney-client privilege otherwise protecting a coverage opinion provided by the insurer’s internal legal...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

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