One party to a settlement agreement lists the document on a privilege log in subsequent litigation between the signatories and a third-party plaintiff. The other party to the settlement, a co-defendant in the subsequent litigation, fails to log the agreement. Plaintiff realizes the discrepancy and argues that any privilege that may have attached to the document has been waived.
What is the answer? Read pages 5-6 of , C.A. No. 06-350-*** (D. Del. April 19, 2007) (Thynge, M.J.) to find out.