Making The Most Of Rule Of Evidence 502

Law360, New York (May 8, 2009, 12:00 AM EDT) -- Congress recently adopted a new Federal Rule of Evidence 502 (“FRE 502”), which, in pertinent part:

1) establishes a definitive standard for determining when inadvertent disclosure of attorney-client and/or work-product materials constitutes waiver of privilege; and

2) purports to reduce the amount of money spent each year in litigation to protect against the inadvertent disclosure of privileged materials.

At its most basic, the new rule provides that inadvertent disclosure of an otherwise privileged document does not operate as a waiver in a federal or state proceeding...
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