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By ALM Staff | Law Journal Newsletters |

Tactical decision ends up waiving privilege

The US District Court for the Eastern District of PA has ruled that where a litigant intentionally disclosures an attorney-client privileged document that helps its case, this disclosure constitutes a waiver of the privilege as to all confidential communications regarding the same subject matter. The court held that outside counsel waived the attorney-client privilege by turning over e-mails to and from its in-house counsel because the disclosure of the e-mails was “deliberate” and “not inadvertent.” The court reasoned that, “where one party attempts to utilize the privilege as an offensive weapon, selectively disclosing communications in order to help its case, that party should be deemed to have waived the protection otherwise afforded it by the privilege it misused.” Murray v. Gemplus International, No. 02-CV-9023 (Sept. 15).

Work product privilege extends to trial consultants

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