6 Years In, Why Haven't FRE 502(d) Orders Caught On?
Law360, New York (July 24, 2014, 1:28 PM EDT) -- Substantively enacted on Sept. 19, 2008, Federal Rule of Evidence 502 resolved a conflict among the courts whether an inadvertent disclosure of a communication or information otherwise protected as privileged or work product constitutes a waiver. Rule 502(b) codified the intermediate approach to waiver and set forth a three-pronged test, establishing that a disclosure that was inadvertent and for which the producing party took reasonable precautions prior to production and reasonable steps to rectify the error post-production would not operate as a waiver in a federal or state proceeding.
Importantly, Rule 502(d) went a step further, permitting federal courts to enter...
Stay ahead of the curve
In the legal profession, information is the key to success. You have to know what’s happening with clients, competitors, practice areas, and industries. Law360 provides the intelligence you need to remain an expert and beat the competition.
Access to case data within articles (numbers, filings, courts, nature of suit, and more.)
Access to attached documents such as briefs, petitions, complaints, decisions, motions, etc.
Create custom alerts for specific article and case topics and so much more!