Nitinol Medical Technologies, Inc. v. AGA Medical Corp.

SUPPLEMENTAL MEMORANDUM AND ORDER ON PLAINTIFFS’ MOTION TO COMPEL REGARDING WAIVER OF ATTORNEY-CLIENT PRIVILEGE AND WORK PRODUCT IMMUNITY

DEIN, United States Magistrate Judge.

This Supplemental Order will address the sole issue remaining in connection with the parties’ cross-motions to' compel— namely, whether the defendant AGA Medical Corp. has waived the attorney-client privilege and its counsel’s work product immunity by asserting that it relied on the opinion of its counsel. 1 For the reasons detailed herein, unless AGA affirmatively withdraws its reliance on advice of counsel in connection…