Delaware Business Litigation Report

Court Of Chancery Refuses Temporal Limit On Waiver Of Privilege

Mennen v. Wilmington Trust Company, C.A. 8432-ML (September 18, 2013)

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.

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