the privilege bears the burden of establishing that it ap- plies to the communications at issue and that it not been waived. See State of Maine . United States Dept of the Interi- or, 29 F.3d 60, 71 (1st Cir.2002); United States Bollin, 264 F.3d 391, 412 (4th ar.2 ). Thus, XYZ must carry the devoir of persuasion he