Evidence Rule 502 Revamps Waiver-of-Privilege Analysis
New York Law Journal
10/6/2008
Kevin N. Ainsworth
Federal Rule of Evidence 502 establishes ground-breaking federal law regarding waiver of attorney-client privilege and work-product protection. Rule 502 applies in all federal proceedings commenced after its date of enactment, Sept. 19, 2008, and "insofar as is just and practicable, in all proceedings pending on" that date. Thus, it brings immediate reform to the way federal courts determine issues of waiver of privilege.
In this article, published on October 6, 2008 in the New York Law Journal, Mintz Levin attorney Kevin N. Ainsworth provides an in depth analysis of Rule 502 and discusses the broad impact that it will have on all current and future proceedings.
