Rule 502: Waiver For The E-Document Age

Law360, New York (October 6, 2008, 12:00 AM EDT) -- President Bush recently signed into law a new rule of evidence — Rule 502 — that every litigator and in-house counsel should welcome.

The rule has the potential to:

—Significantly reduce the costs of privilege reviews during discovery;

—Limit subject-matter and inadvertent waivers resulting from disclosure of communications and information protected by the attorney-client privilege or work-product doctrine; and

—Allow parties to write their own rules regarding waivers that could bind both the parties themselves and also, given court approval, third parties.

Rule 502 is intended...
To view the full article, register now.