Insights From Recent Cases Considering Waiver Of Privilege

By Robert Atkins, Craig Benson, Jessica Carey and Yahonnes Cleary ( July 24, 2019, 3:09 PM EDT) -- In this discussion of developments in the law of privilege, we present three recent federal court cases of potential interest, each concerning circumstances that can lead to waiver of privilege. First, Barbini v. First Niagara Bank NA, addresses how privilege and work product protection can be inadvertently waived in connection with an internal investigation of alleged sexual harassment. Second, IQVIA Inc. v. Veeva Systems Inc. illustrates the difficult lines to be drawn in deciding whether communications with an auditing firm are privileged. Third, in VR Optics LLC v. Peloton Interactive Inc., the defendant failed to qualify for common-interest protection with respect to communications with business partners where the communications did not reflect "a joint defense effort."...

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