In Century Communities of Georgia LLC v. Selective Way Insurance Co., the Eleventh Circuit Court of Appeals affirmed that the Georgia Supreme Court’s 2012 opinion in Hoover v. Maxum Indemnity Co. does not apply to “coverage...more
Implied Waiver in the United States - In the United States, a further complication regarding disclosures and the enforceability of SEPs resulted from a recent Federal Circuit case on “implied waiver.” The implied waiver...more
I am very pleased that my chapter comparing how three different courts approach IPR disclosure obligations under ETSI has been published by Wolters Kluwer in their 2021 Licensing Update. My chapter discusses how antitrust...more
Federal Circuit Finds Claims Issued from Reexamination Co-Pending with Appeal Ineligible Where the Changes Did Not Affect Section 101 Eligibility - In SAP AMERICA, Inc. v. InvestPic, LLC, Appeal No. 2017-2081, the...more
Federal Circuit Summary - Before Reyna, Bryson, and Hughes. Appeal from the Northern District of California. Summary: Breach of a duty of disclosure to a standards-setting organization may constitute implied waiver,...more
Because implied waivers do not involve actual disclosure of privileged communications, litigants triggering an implied waiver can sometimes change their position before it is too late. In Aboudara v. City of Santa Rosa,...more
The U.S. District Court for the Northern District of Illinois issued an implicit warning to arbitration practitioners in the Urquhart v. Kurlan decision issued two weeks ago: choose your words carefully at the close of...more
In State Farm v. Lee, 199 Ariz. 52, 13 P.3d 1169 (2000) (En Banc), the Arizona Supreme Court first held that an Insurer can impliedly waive the attorney-client privilege (the “Privilege”) in a bad faith case, despite not...more
Because Arizona cases touching on this issue are copious, confusing, and complex, we note the following guidelines—though sometimes conflicting—have emerged from Lee and its progeny and will assist an Insurer’s analysis of...more
Although Arizona law regarding the implied waiver of the attorney-client privilege (the “Privilege”) is far from certain, an Insurer may avoid a waiver by following these tips...more
An intentional express disclosure of privileged communications normally triggers an irreversible waiver, although the disclosure might or might not cause a subject matter waiver. The waiver implications of implied waivers...more
In Jones v. Wells Fargo Bank, N.A., No. 15-30031, — F. App’x —, (5th Cir. Sept. 29, 2015), the Fifth Circuit reversed the dismissal of a lawsuit against Wells Fargo for its alleged failure to disclose known mold problems,...more
Could a failure to participate in a court-ordered arbitration be enough to waive a party’s right to arbitration? A recent decision of the Alabama Supreme Court suggests it is not. In 2010, Yan Chen entered into a lease...more
As the most extreme example of an implied waiver, the "at issue" doctrine can waive privilege protection if a litigant affirmatively raises an issue that implicates privileged communications. Some courts hold that...more