On Sept. 19, President Bush signed into law Federal Rule of Evidence 502 (Attorney-Client Privilege and Work Product; Limitations on Waiver). It applies to previously filed cases in the discretion of the trial judge and to all cases filed on and after Sept. 19, without exception. Rule 502(d) is the most innovative aspect of the new rule, and it dictates that protective orders be drafted differently than they have in the past. It provides that a federal court order governing waiver through disclosure of privileged or protected information is binding on all other courts and third parties:
“(d) Controlling effect of a court order. — A federal court may order that the privilege or protection is not waived by disclosure connected with the litigation pending before the court — in which event the disclosure is also not a waiver in any other federal or state proceeding.”
