Lauren Gregory Published in American Bar Association's Litigation News, "Advice of Counsel Defense Leads to Waiver of Privilege"

A recent decision from the U.S. District Court for the District of Idaho serves as an important reminder that reliance on advice of counsel as a defense in litigation is an all-or-nothing proposition: A client’s decision to rely on this defense is also a decision to waive the attorney-client privilege, potentially exposing all otherwise privileged communications—and any documents upon which the attorney relied in communicating advice—to opposing counsel. For full content, click here.