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....

Law360 is on it, so you are, too.

A Law360 subscription puts you at the center of fast-moving legal issues, trends and developments so you can act with speed and confidence. Over 200 articles are published daily across more than 60 topics, industries, practice areas and jurisdictions.

A Law360 subscription includes features such as

  • Daily newsletters
  • Expert analysis
  • Mobile app
  • Advanced search
  • Judge information
  • Real-time alerts
  • 450K+ searchable archived articles

And more!

Experience Law360 today with a free 7-day trial.

Start Free Trial

Already a subscriber? Click here to login

Hello! I'm Law360's automated support bot.

How can I help you today?

For example, you can type:
  • I forgot my password
  • I took a free trial but didn't get a verification email
  • How do I sign up for a newsletter?
Ask a question!