Epstein Secrets

r protections. I. Work-Product Protection, as Well as Attorney-Client Privilege, Can Be Explicitly or Impliedly Waived. Case law from this Court, the Eleventh Circuit, and the Supreme Court all make clear that work product protection can be waived — indeed, such protection can be waived "impliedly." A very thorou

ng it relevant to the case; and (3) application of the protection would deny the opposing party access to information vital to its defense. Stern v. O'Quinn, 253 F.R.D. 663, 676 (S.D. Fla. 2008) (citing Granite Partners, L.P. v. Bear, Stearns & Co., Inc., 184 F.R.D. 49, 55 (S.D.N.Y.1999) (citing Heani v

d — indeed, such protection can be waived "impliedly." A very thorough review of the relevant caselaw is found in this Court's decision in Stern v. O'Quinn, 253 F.R.D. 663, 676-77 (S.D. Fla. 2008). As this Court explained, under the doctrine of implied waiver of work product protection, "a party waives

ile simultaneously brandishing it as a shield from disclosure of any Achilles heels." Stern v. O'Quinn, 253 F.R.D. 663, 677 (S.D. Ha. 2008). Or, as the Eleventh Circuit has articulated the principle, a litigant "can no more advance the work-product doctrine to sustain a unilateral testimonial use of work-product [pr

ictims and the Government agree that the relevant legal standard governing the question of waiver of work-production protections comes from Stern v. O'Quinn, 253 F.R.D. 663, 676-77 (S.D. Fla. 2008), which held that "a party waives work-product privilege protection when (1) assertion of the protection re

re to impeachment at trial comes well within the prosecutor's discretionary authority. In defining the contours of a prosecutor's absolute immunity. the Eleventh Circuit observed that, "IiImmunity extends to a prosecutor's 'out-of-court effort to control the presentation of a witness' testimony' because that act is

rning its internal deliberations while making representations regarding those deliberations to obtain summary judgment." D.E. 414 at 1. In Stern v. O'Quinn 253 F.R.D. 663 (S.D.Fla. 2008), the district court identified two ways in which the attorney work-product doctrine could be waived. An "implied wai

re to impeachment at trial comes well within the prosecutor's discretionary authority. In defining the contours of a prosecutor's absolute immunity. the Eleventh Circuit observed that, "IiImmunity extends to a prosecutor's 'out-of-court effort to control the presentation of a witness' testimony' because that act is

rning its internal deliberations while making representations regarding those deliberations to obtain summary judgment." D.E. 414 at 1. In Stern v. O'Quinn 253 F.R.D. 663 (S.D.Fla. 2008), the district court identified two ways in which the attorney work-product doctrine could be waived. An "implied wai