Three Subject Matter Waiver Decisions Send Mixed Signals: Part I
By EsqSocial Corporation 25/02/21
Understandably based on fairness notions, the subject matter waiver doctrine prevents litigants from explicitly or impliedly using privileged communications as a "sword" while simultaneously asserting the privilege as a "shield" to prevent discovery of related communications. As with many privilege concepts, applying the subject matter waiver doctrine can involve subtle analyses....
By: McGuireWoods LLP