The Court held that the business judgment rule defense alone does not mandate waiver of attorney-client privilege related to discovery documents. The Court also adopted the “because of” test with a “totality of the circumstances” standard to determine when a document falls under the work-product privilege.
Conlin, Elise, "Wynn Resorts, Ltd. v. Eighth Judicial Dist. Court, 133 Nev. Adv. Op. 52 (July 27, 2017)" (2017). Nevada Supreme Court Summaries. 1066.