There is a waiver when a party affirmatively puts the subject matter of its own privileged communication at issue in the litigation, so that invasion of the privilege is required to determine the validity of a claim or defense of the party asserting the privilege, and application of the privilege would deprive the adversary of vital information. However, the fact that privileged communications may contain information that is relevant to issues that are being litigated does not, without more, put the contents of the privileged communication itself at issue.
U.S. Bank Natl. Assn. v. Lightstone Holdings LLC, NY Slip Op 04537 (1st Dep't July 22, 2021)
Tomorrow's issue: Dismissal of a claim as duplicative.
