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Case 1:15-cv-07433-LAP Document 1332-3 Filed 01/08/24 Page 19 of 21 CONCLUSION Defendant has used her attorney’s legal strategy as her primary defense in this case; accordingly, she has waived all privilege that may otherwise attach to communications with Barden and his work product. Additionally, Defendant has failed to log all of her communications with Barden, which also triggers waiver of any privilege over the email communications she failed to log. The Court should direct Defendant to produce all of Barden’s communications and work product (as defined in the moving brief), as such documents are responsive to multiple discovery requests. In addition, the Court should direct Defendant to have Barden sit for deposition in New York to answer questions about these communications. Dated: March 7, 2017 Respectfully Submitted, BOIES, SCHILLER & FLEXNER LLP By: /s/ Meredith Schultz Meredith Schultz (Pro Hac Vice) Boies Schiller & Flexner LLP 401 E. Las Olas Blvd., Suite 1200 Ft. Lauderdale, FL 33301 (954) 356-0011 David Boies Boies Schiller & Flexner LLP 333 Main Street Armonk, NY 10504 Bradley J. Edwards (Pro Hac Vice) FARMER, JAFFE, WEISSING, EDWARDS, FISTOS & LEHRMAN, P.L. 425 North Andrews Avenue, Suite 2 Fort Lauderdale, Florida 33301 (954) 524-2820 15