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Federal Rule of Evidence 502 in Effect

Melissa Klein Aguilar | September 24, 2008

Companies involved in litigation will want to take a look at new Federal Rule of Evidence 502, now in effect.

The rule was created by S. 2450, which was signed into law Sept. 19 by President Bush. The legislation amends the Federal Rules of Evidence with respect to the disclosure of a communication or information covered by the attorney-client privilege and work product protection.

The new rule limits the circumstances under which inadvertent disclosure of information results in waiver of the attorney-client privilege or work product protection.

Among other things, it provides that when such a disclosure is made in a federal proceeding or to a federal office or agency, and waives the attorney-client privilege or work-product...

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