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New Federal Rule of Evidence 502 Governs Production of Privileged Materials in the Age of E-Discovery

September 29, 2008

By Maureen O'Neill, KirBehre and Cameron Fox

On September 19, 2008, President Bush signed Senate Bill 2450 into law, which establishes Federal Rule of Evidence 502. The Rule will reduce the costs of privilege review associated with large e-discovery productions, and will limit the impact of intentional and inadvertent disclosures of attorney-client communications and attorney work product (collectively "protected information"). Under the Rule, parties can create the waiver rules that govern the proceeding, and those rules will be binding on third parties and in state proceedings.

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