Filing Privileged Documents Under Seal and Serving Opposing Parties Waives Privilege

Plaintiff's motion to reclaim privileged documents where it attached privileged documents to a motion filed under seal, and not for in camera review, was denied. "Filing under seal protects the documents from view of the public. On the other hand, filing documents in camera protects the documents from view of the public and also other parties in the case -- only the Court can view the documents. Therefore, filing the documents under seal and serving them on the defendants has the same effect as disclosing documents to a third party and thus waiving the privilege."

First American CoreLogic, Inc. v. Fiserv, Inc., et. al., 2-10-cv-00132 (TXED December 2, 2010, Order) (Ward, J.)