Federal Rule of Evidence 502

This article summarizes the law of inadvertent waiver of privilege and the evolution of courts' approaches to this problem, describes the changes brought about by newly enacted Federal Rule of Evidence 502, and offers a roadmap for the product liability practitioner to keeping privileged documents out of the hands of one's adversary.

38 minute readJuly 29, 2009 at 08:12 AM
By
Cynthia K. Courtney
Edgar B. Hatrick
Federal Rule of Evidence 502

The prospect of inadvertently disclosing privileged documents to one's adversary is one of a lawyer's worst nightmares. Before the advent of electronic discovery, when parties reviewed and produced tens of

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