According to Rule 502(d), which falls under the “Attorney-Client Privilege and Work Product; Limitations on Waiver” section of the Federal Rules of Evidence (FRE), “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.” FRE 502(d) was created, according to the Committee on Rules of Practice and Procedure of the Judicial Conference of the United States, in recognition of the fact that “the current law on waiver of privilege and work product is responsible in large part for the rising costs of discovery, especially discovery of electronic information.”
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