Fed. R. Evid. 502

News & Analysis as of

FRE 502(d) – An Underutilized “Safety Net” in Document Intensive Litigation

The inadvertent disclosure of privileged material may haunt a company for years, particularly in today’s era of pattern litigation and increased collaboration within the plaintiffs’ bar. Fortunately, in matters pending in...more

Challenging Privilege Assertions: The Use and Abuse of Privilege in Class Action and Complex Litigation

Complex class action litigation involving major corporations can involve class periods going back years, with the potential for hundreds of thousands, or even millions of documents. Commonly included in such a document...more

The News Today Should Be a Wake Up Call for Litigation Attorneys

The words above come directly from some of the most respected and influential Federal Judges on the bench today, and in my mind, are simply staggering. It's been 10 years since Zubulake v. UBS Warburg and yet 32% of the...more

Are You Committing E-Discovery Malpractice?

Although this protection is helpful, it is limited by the court’s ability to determine whether a party’s actions were reasonable. Parties therefore should take the matter out of the court’s hands by leveraging other...more

Three Good Reasons Why Even the Most Cutthroat Lawyers Should Want to Cooperate

Venturing down memory lane to when I was a first year law student with a thirst for knowledge, I’m reminded of the proverbial “Aha!” moment that struck me when all the information I’d been learning about distinct areas of law...more

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