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This summer, the standing committee on the federal rules of the Supreme Court’s Judicial Conference published for public comment proposed Federal Rule of Evidence 502 and accompanying Committee Notes, initially drafted and recommended by the Advisory Committee on Evidence Rules. Proposed Rule 502 addresses the waiver of privilege arising from the production of documents: the effect of inadvertent production, the scope of the waiver arising from both inadvertent and intentional production, and — the subject of this article — the effect on future claims of privilege of producing documents to the government in the course of an investigation.

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