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Case 1:15-cv-07433-LAP Document 1320-18 Filed 01/03/24 Page 26 of 40 course, that motion was filed on their behalf — not Ms. Giuffre’s. To be sure, that motion contained (among other supporting information) a sworn affidavit from Ms. Giuffre.'> But the routine step of submitting an affidavit is not a waiver of attorney-client protections, as discussed at greater length in Part II.D., infra. And, in any event, Defendant does not include that affidavit among her supporting materials to her motion, much less explain how the recitation of factual information in that affidavit constitutes a waiver by Ms. Giuffre with respect to communications with her attorneys. See Koon v. State, 463 So.2d 201, 203-04 (Fla. 1985) (no waiver when the client merely discloses facts which were part of the communication with the client’s attorney). Ms. Giuffre has not waived her privilege. Cc. Ms. Giuffre’s Confidential Communications With Her Attorneys Were Never “At Issue” in the Florida Dershowitz Litigation. Defendant’s argument that Ms. Giuffre’s attorney-client privilege has been waived under the “at issue” doctrine also fails under Florida law because her confidential communications were never at issue in the Dershowitz litigation. Florida law on when confidential attorney-client communications are at issue comes from the Florida Supreme Court’s decision in Savino v. Luciano, 92 So.2d 817 (Fla. 1957). There, the Florida Supreme Court announced the test for determining whether confidential communications were “at issue” as whether a claim or defense would “necessarily require that the privileged matter be offered in evidence.” /d. at 819 (emphasis added); see also Diaz—Verson v. Walbridge Aldinger Co., 54 So.3d 1007, 1011 (Fla. 2d DCA 2010). More recent decisions from Florida 'S The “evidentiary support” for the summary judgment motion rested on 16 additional exhibits, including such obviously non-privileged materials as a Palm Beach Police Department report; flight logs from Epstein’s jet; excerpts from deposition testimony of Epstein, Juan Alessi, Alfredo Rodriquez, and Alan Dershowitz; photographs; and Epstein’s telephone directory. See Menninger Dec., Ex. E at 28. 19