Courts will be aware of the proposal and should rule accordingly. TPL appear to be basing their arguments on the middle ground option and this augurs well.

This should ease your concerns:

The Committee determined that the proper solution for the federal court is to apply the law that is most protective of privilege and work product.

However,

Thus, a state court order finding no waiver in connection with a disclosure made in state court proceedings is enforceable under existing law in subsequent federal proceedings.

But, as Higgins et al has already been comfirmed as attorney-client privilege, on Appeal, it shouldn't be a cause for concern.

Be well