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Privileged Communication › Federal Rules of Evidence

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

Array

This Week in eDiscovery: Clawback Procedures and Search Terms Versus TAR

Array on

Every week, the Array team reviews the latest news and analysis about the evolving field of eDiscovery to bring you the topics and trends you need to know. This week’s post covers the period of August 26-September 1. Here’s...more

Husch Blackwell LLP

A Non-Expert with Expertise: Navigating the Risks and Rewards of Testimony from Highly Sophisticated Professional Employees in...

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Corporate defendants are frequently faced with a quandary—is the company’s highly sophisticated professional employee simply a fact witness or does their anticipated testimony propel them into the world of expert discovery?...more

Nextpoint, Inc.

How to Protect Attorney Client Privilege in Our Era of Electronic Evidence

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In this excerpt from our free eGuide on protecting attorney-client privilege, we explore the changes in rules regarding privilege and their real-life implications... The right of an attorney to communicate with a client...more

Pullman & Comley, LLC

Voluntary Disclosure of a Communication with Counsel: The CT Appellate Court Recognizes “Subject Matter” Waiver

Pullman & Comley, LLC on

Accordingly, we hold that the voluntary disclosure of a privileged attorney-client communication constitutes a waiver of the privilege as to all other communications concerning the same subject matter when the trial court...more

McGuireWoods LLP

Three Subject Matter Waiver Decisions Send Mixed Signals: Part III

McGuireWoods LLP on

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

Patterson Belknap Webb & Tyler LLP

Privilege Waiver: Is Your File-Sharing Site a Public Park Bench?

Patterson Belknap Webb & Tyler LLP on

While courts and the Federal Rules of Evidence take an increasingly pragmatic approach to the question of when inadvertent disclosure of privileged information results in waiver, a recent federal magistrate’s ruling serves as...more

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