U.S. v. Adlman
134 F.3d 1194 (2d Cir. 1998) Cited 631 times 10 Legal AnalysesHolding that documents are protected when "the document can fairly be said to have been prepared or obtained because of the prospect of litigation"
In re Steinhardt Partners, L.P.
9 F.3d 230 (2d Cir. 1993) Cited 240 times 4 Legal AnalysesHolding that voluntary production of privileged documents to an adversary waives privilege
United States v. Kovel
296 F.2d 918 (2d Cir. 1961) Cited 531 times 26 Legal AnalysesHolding that the attorney-client privilege covers communications from a client to an attorney's non-lawyer employee
Granite Partners, L.P. v. Bear, Stearns & Co., Inc.
184 F.R.D. 49 (S.D.N.Y. 1999) Cited 63 timesRecognizing that "[T]he issue of waiver rests not on whether a privileged document is admissible into evidence but rather whether the party's use of the document is unfair and inconsistent with a claim of privilege."
In re Natural Gas Commodities Litigation
232 F.R.D. 208 (S.D.N.Y. 2005) Cited 7 timesFinding no waiver of work product privilege pursuant to guidance in Steinhardt and noting that "the Court is bound by Second Circuit authority and is not free to adopt the opinion of other circuits."
Rule 26 - Duty to Disclose; General Provisions Governing Discovery
Fed. R. Civ. P. 26 Cited 94,872 times 653 Legal AnalysesAdopting Fed.R.Civ.P. 37