Analyzing Selective Waiver of Privilege Under New York Law

, New York Law Journal


Jonathan S. Sack and Eric M. Ruben of Morvillo, Abramowitz, Grand, Iason, Anello & Bohrer write: Federal courts and commentators have considered at great length whether a company may "selectively" waive privilege and work product protection when disclosing information to a government agency while preserving the protected status of that material as to other parties and proceedings. While the divergence among federal courts creates some uncertainty, the viability of selective disclosure is even less clear in New York state courts.

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