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In a recent decision resolving a dispute over the extent to which a party had waived the attorney-client privilege by producing and then permitting witnesses to testify at deposition about two email chains containing legal advice, Southern District Magistrate Judge Frank Maas noted that neither party had mentioned Federal Rule of Evidence 502, despite its clear applicability.1 He went on to observe that that omission should perhaps come as no surprise "since remarkably few lawyers seem to be aware of the Rule's existence despite its enactment nearly five years ago,"2 a circumstance he found "unfortunate" inasmuch as Rule 502 was designed to "avoid vexatious and time-consuming privilege disputes" such as the one before him.3 To the extent practitioners would benefit from a short refresher on Rule 502—particularly as it pertains to intentional disclosure of material covered by the attorney-client privilege and work product doctrine, we discuss below Rule 502(a), and Maas's decision in Swift Spindrift v. Alvada Insurance, applying that section of the rule.

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