When Disclosure Does Not Constitute Privilege Waiver
December 14, 2021 | New York Law Journal
Although the disclosure of privileged communications to a third party typically waives privilege, notable exceptions to the third-party waiver rule exist. In our latest article for the New York Law Journal, “When Disclosure Does Not Constitute Privilege Waiver,” we discuss Spectrum Dynamics Medical Limited v. General Electric Company, in which the Court applied several of those exceptions in upholding a claim of privilege: (1) the essential third-party exception, (2) the functional equivalent exception, and (3) the common-interest exception.
When Disclosure Does Not Constitute Privilege Waiver (pdf | 182.69 KB)