Search for: "Deutsche Bank Trust Co. of Ams. v Tri-Links Inv. Trust" Results 1 - 3 of 3
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27 May 2009, 4:17 am
" At issue' waiver of [the attorney-client] privilege 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" (Deutsche Bank Trust Co. of Ams. v… [read post]
14 Mar 2019, 3:53 am by Andrew Lavoott Bluestone
“As more fully set forth on the record, the “at-issue” waiver of the attorney-client privilege arises where a party places the subject matter of privileged communications at issue, thereby making invasion of the privilege necessary to assess the validity of a claim or defense, and where the opposing party would be deprived of critical information absent a waiver of privilege (Deutsche Bank Trust Co. of Ams. v… [read post]
9 Nov 2022, 3:56 am by Andrew Lavoott Bluestone
An “at-issue waiver” of the attorney-client privilege occurs where a party affirmatively places the subject matter of its own privileged communication at issue, such as by asserting a claim or defense that the party intends to prove by use of the privileged material (see Nomura Asset Capital Corp. v Cadwalader, Wickersham & Taft LLP, 62 AD3d 581, 582 [1st Dept 2009]; Deutsche Bank Trust Co. of Ams. v… [read post]