Wavier of privilege as a result of advice of counsel defense does not extend to all communications with trial counsel
Ampex Corp. v. Eastman Kodak Co., et al., No. 04-1373-KAJ, July 17, 2006.
Jordan, J. Plaintiff’s motion to compel production of privileged documents denied.
Plaintiff sought all communications relating to the same subject matter as an opinion of counsel and a log identifying withheld documents. The court rejected Plaintiff’s overbroad interpretation of EchoStar. Plaintiff argued that privilege was waived as to any communication which touches on the same topic as the opinion of counsel to defend against a charge of willfulness, regardless of when or in what context the subsequent communication occurs. The court found plaintiff’s position far too broad and its motion an extravagant demand at odds with the generally understood contours of the attorney-client privilege.
