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Proposed New Federal Rule of Evidence 502

By Francis G. X. Pileggi, Esq.

From the EDD Update blog, comes a post of interest to most litigators, that I quote in part as follows:

Rule 502 Gets an Invite to the Whitehouse.

Under a proposed federal rule of evidence, disclosure of privileged materials will not be a waiver of the privilege if, among other things, the disclosure is inadvertent.

If this new rule passes, it will make it much easier to perform electronic discovery in light of the huge volumes of data that are now exchanged and the current risk that waiver will occur if something privileged is inadvertently produced. Here is more detail on this important development.
 

 

Full post as published by Delaware Corporate and Commercial Litigation Blog on September 17, 2008 (boomark / email).