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Summaries and analysis of recent Delaware court decisions concerning business-related litigation.
Morris James Blogs
Court Of Chancery Refuses Temporal Limit On Waiver Of Privilege
If it is upheld upon review, this decision by a Master in Chancery needs to be studied by all practitioners. Briefly, it holds that when a party waives the attorney-client privilege, it does so with respect to the entire subject matter of the communication involved in the waiver. There is no temporal limit such that later communications on the same subject matter may be protected from discovery.