Selective disclosure refers to the practice of sharing part of a privileged communication while withholding other parts that may be detrimental. This often occurs when the disclosed information is perceived as beneficial to the person sharing it. When selective disclosure happens, it can lead to a limited waiver of the privilege, meaning that all communications related to the same topic may no longer be protected.
This term is commonly used in various areas of law, including corporate law, securities law, and communications law. Selective disclosure can arise in contexts such as:
Users can manage some aspects of selective disclosure through legal forms and templates available on platforms like US Legal Forms, which provide guidance on handling privileged communications.
Here are a couple of examples of abatement:
Example 1: A company discloses positive financial projections to investors while withholding negative aspects of its financial health. This selective disclosure can lead to legal challenges if investors feel misled.
Example 2: During a negotiation, one party shares favorable terms of a contract but omits unfavorable clauses that could impact the other party's decision. (hypothetical example)
Examples of state differences (not exhaustive):
| State | Selective Disclosure Treatment |
|---|---|
| California | Strong protections for privileged communications, but selective disclosure may lead to broader waiver. |
| New York | Selective disclosure can impact attorney-client privilege, especially in litigation. |
| Texas | Similar to New York, with specific rules on waiver of privilege in corporate settings. |
This is not a complete list. State laws vary, and users should consult local rules for specific guidance.
| Term | Definition | Difference |
|---|---|---|
| Full Disclosure | Sharing all relevant information without withholding. | Selective disclosure involves withholding harmful information. |
| Waiver of Privilege | Giving up the right to keep communications confidential. | Selective disclosure leads to a limited waiver, not a full one. |
If you find yourself in a situation involving selective disclosure, consider the following steps:
In complex situations, seeking professional legal advice is recommended.
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Selective disclosure is the act of sharing part of a privileged communication while withholding harmful information.