Bill > S01441

This bill amends the civil practice law and rules by adding a new section that provides comprehensive guidelines for waiver of legal privileges during legal proceedings. The bill clarifies that when privileged information is disclosed, the waiver can extend to other undisclosed communications only if the waiver is intentional, the disclosed and undisclosed communications concern the same subject matter, and they should fairly be considered together. It also addresses inadvertent disclosures, specifying that an accidental disclosure does not automatically waive privilege if the privilege holder took reasonable steps to prevent the disclosure and promptly attempted to rectify the error. The bill further outlines how disclosures in different legal contexts (such as actions not governed by the current chapter) might impact privilege, and provides that courts can issue orders preventing a disclosure from constituting a full waiver of privilege. Additionally, the bill stipulates that agreements between parties about the effect of a disclosure are only binding on those parties unless incorporated into a court order. The legislation aims to provide clarity and fairness in handling privileged information during legal proceedings, ensuring that accidental or limited disclosures do not automatically result in a complete loss of privileged status.

Justice

https://www.nysenate.gov/legislation/bills/2025/S1441