Law360, New York ( April 23, 2012, 1:29 PM EDT) -- On April 17, 2012, a panel of the United States Court of Appeals for the Ninth Circuit finally rejected the principle of "selective waiver" of the attorney-client privilege. Pacific Pictures Corp. v. U.S. District Court, No. 11-71844 (9th Cir. Apr. 17, 2012). The question of selective waiver — whether materials covered by the attorney-client privilege can be disclosed to the government without waiving the privilege — has been the subject of much disagreement by the courts, the bar, commentators and Congress for years. Previously, however, the Ninth Circuit had expressly deferred judgment on the issue in United States v. Bergonzi, 403 F.3d 1048, 1050 (9th Cir. 2005) and Bittaker v. Woodford, 331 F.3d 715, 720 n.5 (9th Cir. 2003) (en banc), although some district courts within the Ninth Circuit and state courts have addressed the issue....
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