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Home / Opinion Digests / Claiming advice of counsel waives privilege (access required)

Claiming advice of counsel waives privilege (access required)

Where defendants raised advice of counsel as an affirmative defense to a suit alleging they improperly classified their employees, and where they made selective production of documents and produced their attorney for a deposition, they waived attorney-client privilege as to relevant communications. They were ordered to produce all withheld communications, but were not otherwise sanctioned. Background The ...