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Daily Archives: Wednesday, March 25, 2020

Posted: March 25, 2020

That Counsel Might Have Relevant Evidence is Insufficient to Create At-Issue Privilege Waiver

On March 3, 2020, Justice Scarpulla of the New York County Commercial Division issued a decision in Securitized Asset Funding 2011-2, Ltd. v. Canadian Imperial Bank of Commerce, 2020 NY Slip Op. 30700(U), holding that the fact that counsel might have relevant evidence is insufficient to create an at-issue waiver of privilege, explaining: An at... Read more »