Lawyers Tout, Question Bill To Ease Discovery Burden

Law360, New York (September 11, 2008, 12:00 AM EDT) -- The question of what constitutes “reasonable steps” to prevent inadvertent disclosure of privileged materials under S.2450 — a bill meant to reduce the time and cost of document review during discovery by muting the consequences for accidentally turning over privileged documents — will emerge as a new battleground for disputes if the bill becomes law, attorneys say.

Some lawyers are skeptical as to whether Rule 502, the new federal rule of evidence proposed by the bill, would actually lead to less time being spent on privilege...
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