Boyd Johnson Brendan Mcguire

January 26, 2018 | New York Law Journal

In terms of practical impact, the decision in 'SEC v. Herrera' appears to expand the scope of materials that may be obtained as a result of actual waiver through disclosure, and further blurs the line between subject matter waiver and actual waiver. Both results unfortunately provide potent new tools for litigants seeking to obtain materials previously considered privileged.

By Boyd Johnson, Brendan McGuire and Alyssa DaCunha

8 minute read