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Case 1:15-cv-07433-LAP Document 1332-3 Filed 01/08/24 Page 5 of 21 Plaintiff, Virginia Giuffre, hereby files this Reply in Support of her Motion to Compel Work Product and Attorney Client Communications with Philip Barden and states as follows. PRELIMINARY STATEMENT Defendant does not seriously contest that her attorney, Philip Barden, has explicitly and implicitly disclosed communications with her. Instead, she argues that “absent a client’s consent or waiver, the publication of confidential communications by an attorney does not constitute a relinquishment of the privilege by the client.” Defendant’s Response to “Motion to Compel” Work Product and Attorney-Client Communications with Philip Barden at 8 (hereinafter “Response”’). Defendant then maintains that because Barden stated in his Declaration that he was not authorized to waive any privilege, this bars the Court from finding any waiver of attorney- client privilege. But Defendant cannot have her cake and eat it too. She has placed Barden’s declaration into evidence in this case in support of her pending-summary judgment motion. It is thus not Barden who has waived attorney-client privilege in his declaration, but it is Defendant herself, acting through her attorneys in this very case, who waived privilege. Defendant’s publication of Barden’s Declaration reveals communications that would otherwise be protected by the attorney-client privilege. For example, consider the following statements found in Barden’s Declaration (emphases added): ° In liaison with Mr. Gow and my client, on January 2, 2015, I prepared a further statement denying the allegations, and I instructed Mr. Gow to transmit it via email to members of the British media who had made inquiry about plaintiffs allegations about Ms. Maxwell. Schultz Decl., Exh. 2, Barden Declaration, at 2 § 10; ° I did not ask Ms. Maxwell to respond point by point to Ms. Giuffre’s factual allegations in the CVRA joinder motion. What we needed to do was issue an immediate denial and that necessarily had to be short and to the point. /d. at 3 ¥ 13;