1.2001). Every case the government cites in support of the district court's imposition of a pro- spective waiver involves precisely this scenario. See Minn. Specialty Crops, 210 F.R.D. at 679 (finding a prospective waiver effected "by the adoption of [an] advice-of- *26 counsel defense"); Chiron Corp., 179 F.Supp.2d a