Expanding Protection For Privileged Information

Law360, New York (March 18, 2008, 12:00 AM EDT) -- In-house counsel and litigators should be familiar with Rule 26's new "clawback provision" for inadvertently disclosed privileged information and the proposed amendments to Rule of Evidence 502 because they expand the protection afforded to the attorney-client privilege and work product.

These new provisions reflect the fact that, in the context of reviewing and producing electronically stored information, the volume of information has substantially driven up litigation costs and increased the risk of privilege waiver.

New Rule 26(b)(5)(B)

New Fed. R. Civ. Proc. 26(b)(5)(B) provides a procedure...
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