New Evidence Rule 502: How Much Help Will It Be?

Law360, New York (June 12, 2008, 12:00 AM EDT) -- Congress is considering a new Rule of Evidence intended to protect litigants who inadvertently produce a privileged document. The rule stems from the realization that in today’s world of electronic discovery, the care and handling of privileged information has become a numbers game.

As the size of document productions continues to increase, so does the risk that a privileged document will slip through. This is a particular concern in mass tort litigation, where a product manufacturer frequently finds itself having to produce millions of documents....
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