Spencer Fane attorney Deena Duffy recently published an article featured in Law360 covering the varying guidelines on what constitutes as a waiver.
Titled “Navigating Inadvertent Attorney-Client Privilege Waivers,” the article outlines privilege waivers and how they can impact pending lawsuits. Deena emphasized the importance of recognizing the jurisdiction and understanding the case law governing discovery rules.
“General rules concerning discovery are codified in Rule 26 of the Federal Rules of Civil Procedure,” Deena explained in the article. “[M]any jurisdictions have made slight tweaks to the rules in order to suit their practice.”
Deena also analyzed related cases, noting that Rule 502(b) of the Federal Rules of Evidence governs potential waivers of attorney-client privilege.
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