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Case 1:15-cv-07433-LAP Document 1332-11 Filed 01/08/24 Page 6 of 9 To illustrate how frivolous the argument is, we turn to plaintiff's response to our May 2016 motion to compel (Doc.164) plaintiff to produce certain categories of her attorney-client communications. Our motion was premised on plaintiff's own testimony in which she repeatedly disclosed her communications with her attorney. See Doc.164 at 10-11. In opposition to that motion, plaintiff cited cases and advanced arguments that directly rebut her Motion to Compel. See Doc.184 at 9-14, 18-19, 21-22. Notably, plaintiff argued: e ‘“[B]oth federal and New York state law . . . require that a client waive attorney- client privilege.” /d. at 18 n.14. e “To find that an attorney waived his client’s privilege, a clear record must exist concerning the attorney’s attorney [sic] to waive privilege. See Bus. Integration Servs. v. AT&T Corp., No. 06 CIV. 1863 (JGK), 2008 WL 318343, at *2 (S.D.N.Y. Feb. 4, 2008). Here . . . the record is clear that [plaintiff] did not authorize any waiver of her attorney-client privilege.” /d. at 18. Compare Paragraph 3 of Mr. Barden’s declaration: “I am not authorized to and do not waive Ms. Maxwell’s attorney-client privilege.” Doc.638-2 § 3. e Even though plaintiff submitted a declaration implicitly disclosing attorney-client communications, it did not result in waiver of the privilege because “the routine step of submitting an affidavit is not a waiver of attorney-client protections.” Doc.184 at 19 (emphasis supplied). e “A waiver of the attorney-client privilege occurs only if the client voluntarily discloses in court the substance of a communication with her attorney. No waiver occurs when the client merely discloses facts which were part of the communication with the client’s attorney. . . . [T]he privilege attaches to the communication with counsel, not to the underlying facts. . . . To hold otherwise would eviscerate the attorney-client privilege. Such a ruling would mean that every time an attorney filed a declaration by his client that contained the factual basis for the client’s claim, the opposing party would have the right to examine all privileged communications.” Jd. at 21-22 (citations omitted). e = It is an “extreme assertion” to say that a client “waived her privilege simply by allowing an affidavit to be filed in a court proceeding.” /d. (emphasis supplied). e ‘“{Dlisclosing the absence of communication is not the same as exposing any communication. It is a fundamental requirement that a communication be exposed, 5