Tenth Circuit Addresses Selective Waiver of Attorney-Client PrivilegeJuly 5, 2008 — 634 views
Joining a growing list of Circuit Courts, the Tenth Circuit in In re Qwest Communications International Inc. Sec. Litig., CV No. 06-1070 (10th Cir., June 19, 2006), rejected Qwest’s argument that it did not have to produce 220,000 privileged documents in a class action lawsuit where the company had previously produced the documents to the SEC and DOJ pursuant to confidentiality agreements that expressly provided for a “selective” or “limited” waiver. The Court found that the District Court was within its discretion when it declined to adopt a rule of “selective” or “limited” waiver which would allow production of attorney-client privileged and work product documents to the DOJ and SEC during the course of agency investigations without waiving protection for those materials as to third-party litigants.