Court of Chancery Explains "At Issue" Waiver of Privilege
Posted In Discovery
JP Morgan Chase & Co. v. American Century Companies Inc., C.A. 6875-VCN (October 31, 2013)
As is well known, the attorney/client privilege may be waived by interjecting that communication into the matters "at issue" in the litigation. Advice of counsel as a defense is one such instance. This decision illustrates another - when the advice apparently went to the valuation matters.
Also interesting is the Court's caution that just because one side interjects attorney communications into the issues, that does not mean that the opposing side's demand to see those communications also opens up its privileged matters to discovery as well.