The Preservation of Privilege: Are Gaming Licensees Rolling the Dice by Disclosing Information to Gaming Regulators?
Due to their participation in such a highly regulated industry, entities and individuals involved in the gaming industry are often required to provide regulators with highly confidential information. Some of this information may even be privileged, but nonetheless is submitted for fear of adverse consequences (e.g., denial of an application) if not provided. Further, in some jurisdictions, applicants and licensees waive their right to any privileges (except certain Constitutional and statutory privileges) in hearings or meetings before gaming regulators. By providing otherwise privileged information to gaming regulators, has one waived the attorney-client privilege and/or the attorney work-product doctrine as to third parties in unrelated matters?