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Simple English definitions for legal terms
subject-matter waiver
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A quick definition of subject-matter waiver:
A subject-matter waiver is when someone gives up their right to keep something private by sharing it with someone else. For example, if you tell a secret to a friend, you might be giving up your right to keep that secret from other people. This is called an implied waiver, and it can apply to all other secrets related to the same topic. It's important to be careful about what you share with others, because it might lead to a subject-matter waiver.A more thorough explanation:
A subject-matter waiver is a type of waiver where a party voluntarily discloses a communication or privileged material about a particular topic to a third party. This may lead to an implied waiver that extends to all other communications relating to the same subject matter.
For example, if a company voluntarily discloses a confidential email about a specific project to a third party, a court may find that the company has waived its privilege over all other communications related to that project. This means that the company cannot claim privilege over any other emails, documents, or conversations related to the same project.
Another example of subject-matter waiver is in the context of attorney-client privilege. If a client discloses a communication with their attorney about a specific legal issue to a third party, a court may find that the client has waived their privilege over all other communications with their attorney related to that legal issue.