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Case 1:15-cv-07433-LAP Document 1332-3 Filed 01/08/24 Page 15 of 21 communications as well. Moreover, “legal strategies [also] fall within the attorney-client privilege.” Norton v. Town of Islip, 2015 WL 5542543, at *1 (E.D.N.Y. 2015). Perhaps recognizing that his declaration was, in fact, waiving attorney-client, privilege, Barden included in his declaration the statement: “I am not authorized to and do not waive Ms. Maxwell’s attorney-client privilege.” Schultz Dec. Exhibit 1, Barden Declaration, at 1 ¥ 3. But whatever the effect of this statement at the time Barden signed his declaration, it clearly had no effect when Defendant, through her attorneys in this case, chose to place the Declaration into evidence. At that time, disclosure of confidential communications, and thus waiver, took place. See, e.g., In re Subpoena Duces Tecum, 99 F.R.D. 582, 584-86 (D.C. 1983) (disclosing party waived privilege even though it stated in transmittal letter to SEC that it did not waive privilege by submission of information), aff'd, 738 F.2d 1367, 1370 (D.C. Cir. 1984). As Defendant makes no claim that Barden’s legal strategies were not communicated to her in his rendering of legal advice to her, she has waived privilege over those communications. Therefore, because Defendant has revealed her attorney’s legal strategies, plans, and intentions — strategies he communicated to her in giving her legal advice — she has waived attorney-client privilege. Accordingly, the Court should require Defendant to produce all of her communications with Barden and direct Defendant to have Barden sit for a deposition in New York. As articulated in the moving brief, it is well settled that waiver may be imposed when the privilege-holder has attempted to use the privilege as both “sword” and “shield.” Granite Partners, L.P. v. Bear Stearns & Co. Inc., 184 F.R.D. 49, 54 (S.D.N.Y. 1999) (Sweet, J.); see also Coleco Indus., Inc. v. Universal City Studios, Inc., 110 F.R.D. 688, 691 (S.D.N.Y. 1986) (Sweet, J.). Here, Defendant has made her attorney’s advice and legal strategies the keystone of her motion for summary judgment. Her decision ends any privilege that previously protected her 11