The Court held that pleading reliance on selected expert reports to establish reasonableness of steps taken (e.g., mitigation/rectification) can waive privilege over other reports from the same expert covering the same subject matter and period, even draft reports. When a law firm engages third-party experts to inform legal advice, the communications are prima facie privileged, but selective disclosure in pleadings creates a real risk of broad waiver across related documents.
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