Federal Rules of Evidence (FRE) On September 19, 2008, the President signed S.2450 into law, which added a new Evidence Rule 502 to the Federal Rules of Evidence. The new rule protects against the inadvertent waiver of attorney-client privilege or the work product protection. The rule applies to all proceedings commenced after the date of enactment, as well as to all proceedings pending on the date of enactment, where practicable.

"...Federal Rule of Evidence (FRE) 502 is designed to allow clawbacks of inadvertently produced material. It is to be used in combination with the protocol envisioned by FRCP 26(b)(5)(B) to notify, sequester and return privileged material. These are new provisions and many litigation support departments are not prepared to take advantage of these. In addition, FRE 502 will allow unprecedented privilege protection, even as to other parties and cases, if the protocol is blessed by a judge in a formal order rather than an agreement." **

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** A Process of Illumination: The Practical Guide to Electronic Discovery by Mary Mack, Esq.

Recent webcast available on demand:

A Waiver of Privilege? Understanding the Implications of FRE 502

As the costs of litigation and e-discovery continue to soar, the U.S. Congress is considering legislation that would create a new Federal Rule of Evidence (FRE) impacting privilege. If enacted into law, proposed FRE 502 will substantially change current laws around the waiver of the attorney-client privilege and work product protection. Ronald J. Hedges, counsel at Nixon Peabody LLP and former U.S. magistrate judge, will discuss the history, purpose and potential impact of this important legislation, which has already passed in the Senate. Learn about the issues that counsel will be required to consider, including:

Faculty: Ronald J. Hedges, Counsel, Nixon Peabody LLP

Moderator: Mary Mack, Esq., Corporate Technology Counsel, Fios, Inc.

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