Evidence Rule 502 Revamps Waiver-of-Privilege Analysis

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Federal Rule of Evidence 502 establishes ground-breaking federal law regarding waiver of attorney-client privilege and work-product protection. Rule 502 applies in all federal

proceedings commenced after its date of enactment, Sept. 19, 2008, and “insofar as is just and practicable, in all proceedings pending on” that date. Thus, it brings immediate reform to the way federal courts determine issues of waiver of privilege.

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DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

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