26.5 - 1. At Issue Waiver

JurisdictionNew York

1. At Issue Waiver

First, the client can waive the privilege through various means. One means is through an “at issue waiver.”3682 This “occurs where a party affirmatively places the subject matter of its own privileged communication at issue in litigation, so that invasion of the privilege is required to determine the validity of a claim or defense of the party asserting the privilege, and application of the privilege would deprive the adversary of vital information.”3683 For example, a client that sues...

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