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Case 1:15-cv-07433-LAP Document 1332-3 Filed 01/08/24 Page 12 of 21 strategy. His various “plans” and his various “intents” are his legal strategy. And, case law clearly recognizes legal strategy is work product — therefore, it is waived. See Kleiman ex rel. Kleiman v. Jay Peak, Inc., 2012 WL 2498872, at *2 (D. Vt. 2012) (“Opinion work product includes such items as an attorney's legal strategy”) (internal citations omitted); In re Refco Inc. Securities Litigation, 2012 WL 678139, at *3 (S.D.N.Y. 2012) (“plaintiffs cannot invoke the work product doctrine, as plaintiffs' attorneys shared their legal strategy with a non-party”). Cf. S.E.C. v. Gupta, 281 F.R.D. 169, 173 (S.D.N.Y. 2012) (“When an attorney discloses work product . . . [and] there has been a deliberate, affirmative and selective use of work product that waives the privilege. Therefore, [the waiving party] waived any work product protection they had over legal strategy . . .”) (emphasis added). Barden’s Declaration revealed his intentions on how he was to render legal representation of Defendant. In short, he revealed his legal strategy. Legal strategy is work product, as defined both by logic and by the cases above. Accordingly, when a party reveals legal strategy, she has waived privilege under the work product doctrine. And, a lengthy “Declaration,” detailing Barden’s legal strategy, put forth in a last ditch attempt to defeat the claim against Defendant, most certainly waives any work product protections that may have applied. Accordingly, this Court should direct Defendant to produce all work product related to Barden’s representation of her and direct Barden to sit for a deposition in New York. B. Defendant Also Waived Attorney-Client Privilege. 1. Defendant __ Waived __Attorney-Client__ Privilege by _ Placing Communications with Her Attorney at Issue. Earlier in this case, Defendant claimed attorney-client privilege over her email communications with Barden. And earlier in this case, this Court upheld that assertion of privilege. That attorney-client privilege only applies to attorney-client communications