X

Thank you for sharing!

Your article was successfully shared with the contacts you provided.
A Senate bill introduced last week would help litigators avoid the inadvertent disclosure of privileged attorney-client and attorney work product materials during discovery. Senate Judiciary Chairman Patrick Leahy (D-Vt.) and ranking committee member Arlen Specter (R-Pa.) sponsored the legislation, which was crafted with text proposed by the Judicial Conference and input from the American Bar Association. The bill would create Federal Rule of Evidence 502, allowing litigants to avoid waiving privilege on inadvertent disclosures if they make reasonable efforts to vet the documents beforehand and ask for the return of privileged information in a timely manner. A federal judge could order that privilege is not waived because of an inadvertent disclosure, and that order also would apply to any other related federal or state proceedings. Currently, most federal courts consider whether an inadvertent disclosure triggers a waiver on a case-by-case basis, a system that has created differing standards among various jurisdictions.
Brendan Smith can be contacted at [email protected].

This content has been archived. It is available through our partners, LexisNexis® and Bloomberg Law.

To view this content, please continue to their sites.

Not a Lexis Advance® Subscriber?
Subscribe Now

Not a Bloomberg Law Subscriber?
Subscribe Now

Why am I seeing this?

LexisNexis® and Bloomberg Law are third party online distributors of the broad collection of current and archived versions of ALM's legal news publications. LexisNexis® and Bloomberg Law customers are able to access and use ALM's content, including content from the National Law Journal, The American Lawyer, Legaltech News, The New York Law Journal, and Corporate Counsel, as well as other sources of legal information.

For questions call 1-877-256-2472 or contact us at [email protected]

 
 

ALM Legal Publication Newsletters

Sign Up Today and Never Miss Another Story.

As part of your digital membership, you can sign up for an unlimited number of a wide range of complimentary newsletters. Visit your My Account page to make your selections. Get the timely legal news and critical analysis you cannot afford to miss. Tailored just for you. In your inbox. Every day.

Copyright © 2021 ALM Media Properties, LLC. All Rights Reserved.