State: District of Columbia
Subject Matter: Federal Rule of Evidence 502
On September 19, 2008, President Bush signed into law S.2450, creating a new Federal Rule of Evidence (502) to address disclosure of information that is protected by the attorney-client privilege and/or the attorney work product doctrine. Federal Rule of Evidence 502 in particular protects the inadvertent disclosure of such information, and was passed in an effort to reduce the significant costs associated with reviewing documents for privileged material, particularly in the context of electronic discovery. The rule also addresses conflicting rulings among federal courts regarding inadvertent disclosures and the scope of waivers of privilege. The application of the new rule is retroactive "insofar as is just and practicable."
Document Date: September 19, 2008
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