Shumaker, Loop & Kendrick, LLP v. Zaremba

MEMORANDUM OPINION AND ORDER

JACK ZOUHARY, District Judge.

Introduction

This is a bankruptcy appeal. The question on appeal is: Who bears the burden of proving the validity of a written waiver of the attorney-client privilege? Appellant Shumaker, Loop & Kendrick, LLP (“SLK”) is the proponent of the privilege and has filed briefing in support of its position (Doc. Nos. 35 & 37). Appellee Thomas Zaremba, Trustee (“Trustee”) opposes assertion of the privilege and has filed briefing in support of his position (Doc. No. 36). A hearing was held on February 5, 2009 (Doc. No. 40).

Factual Background

Debtor…