Analyzing Selective Waiver of Privilege Under New York Law

October 9, 2012  |  New York Law Journal

"Selective" waiver of attorney-client privilege and work product protection has been considered extensively by federal courts. In contrast, New York state case law is sparse, even as high-profile investigations of white-collar offenses by state agencies are on the rise, and companies often find themselves in parallel civil litigation in state courts. This article discusses New York state court decisions on selective waiver and contrasts them with federal case law.

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