Litigation
May 10, 2012
Ninth Circuit rejects 'selective waiver’ of attorney-client privilege
Involuntary production does not waive the privilege, but producing subphoenaed documents is not necessarily involuntary. By Charlene S. Shimada, Krystal Bowen and Lucy Wang of Mingham McCutchen LLP
On April 17, the 9th Circuit Court of Appeals ruled in In re: Pacific Pictures Corp. that a party may not selectively waive the attorney-client privilege by voluntarily producing privileged materials to the government while maintaining the privilege in civil litigation.
The case presented a matter of first impression for the 9th Circuit regarding its position on selective waiver of the attorney...
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