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Federal Rules of Evidence › Rule 502

EDRM - Electronic Discovery Reference Model

Tailor FRE 502(d) Orders to the Case

EDRM - Electronic Discovery Reference Model on

Having taught Federal Rule of Evidence 502 (FRE 502) in my law classes for over a decade, I felt I had a firm grasp of its nuances. Yet recent litigation where I serve as Special Master prompted me to revisit the rule with...more

McGuireWoods LLP

Three Subject Matter Waiver Decisions Send Mixed Signals: Part III

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Under general common law doctrine and Federal Rule of Evidence 502, courts normally hold that disclosing privileged communications only triggers a subject matter waiver if the disclosure seeks some advantage in court. But...more

McGuireWoods LLP

More Courts take a Narrow View of Subject Matter Waivers

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Thanks to common law developments and Federal Rule of Evidence 502, the frightening specter of subject matter waivers now usually only arises when litigants affirmatively rely on privileged communications to gain some...more

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