Congress Limits Subject Matter and Inadvertent Waivers for Attorney-Client Communications and Work Product

Congress Limits Subject Matter and Inadvertent Waivers for Attorney-Client Communications and Work Product

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On September 8, 2008, the House of Representatives joined the Senate in passing legislation that would create a new Rule of Evidence, Rule 502.1 The Rule will become effective upon the President's signature.

The primary purpose of the Rule is to reduce the costs of time-consuming privilege review. If enacted, the Rule will limit the consequences of both intentional and inadvertent disclosures of attorney-client communications and attorney work product; and allow the parties to create their own waiver rules that are binding on third parties. For more on this recent legislation, see our recent Email Alert.

1 S. 2450, 110th Cong. ยง 1(2008); 110 CONG. REC. H7817-20 (daily ed. Sept. 8, 2008).

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