Rule 502: Waiver For The E-Document Age

Law360, New York (October 6, 2008, 12:00 AM EDT) -- President Bush recently signed into law a new rule of evidence — Rule 502 — that every litigator and in-house counsel should welcome.

The rule has the potential to:

—Significantly reduce the costs of privilege reviews during discovery;

—Limit subject-matter and inadvertent waivers resulting from disclosure of communications and information protected by the attorney-client privilege or work-product doctrine; and

—Allow parties to write their own rules regarding waivers that could bind both the parties themselves and also, given court approval, third parties.

Rule 502 is intended...
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