New Rule 502 and Inadvertent Disclosures
Best Practices for Preserving the Attorney-Client Privilege
Recording of a 90-minute CLE webinar with Q&A
This seminar will examine the new federal rule of evidence, how the courts are interpreting the rule, the implications for litigation practice, and the best methods for protecting attorney-client privilege.
Outline
- Rule 502 and its application
- Protection for inadvertent disclosure
- When it is used
- Balancing test
- Enforcing the clawback agreements of Rule 26(b)(5)
- Court treatment and implications of the new rule on litigation
- Application of rule in litigation
- Relationship between federal and state courts in complex litigation
- Court treatment
- Balancing test
- Best practices for preserving the privilege
Benefits
The panel will review these and other key questions:
- What are the new protections provided by Rule 502 — and how can counsel best take advantage?
- How will the new rule impact ongoing and future litigation, including complex cases in federal and state courts with the same sources of discovery?
- What practical strategies can counsel employ to reduce the cost and burden of privilege review while maintaining the attorney-client and work product privileges?
- What are the best practices for counsel to go beyond Rule 502 to reach agreements anticipating intentional waivers and inadvertent disclosures and to obtain a court order for such agreements?
Faculty
David M. Greenwald
Partner
Jenner & Block
Mr. Greenwald is a tested trial lawyer with over 27 years of commercial litigation, domestic and international... | Read More
Mr. Greenwald is a tested trial lawyer with over 27 years of commercial litigation, domestic and international arbitration, and jury trial experience relating to a wide variety of substantive areas and across a broad spectrum of industries. He has also handled internal investigations domestically and throughout the world. He is co-author of the comprehensive treatise Testimonial Privileges (West 2012), and co-editor of the IBA treatise Privilege and Confidentiality: An International Handbook (2012). He is an active member of Working Group 1 of The Sedona Conference. He speaks and writes regularly on issues relating to the attorney-client privilege and work product doctrine under US law and their analogues in non-US jurisdictions, and on issues relating to e-discovery, ethics, and insurance and reinsurance
ClosePeter B. Hutt, II
Partner
Covington
Mr. Hutt represents clients in False Claims Act and fraud litigation. He has testified before Congress concerning... | Read More
Mr. Hutt represents clients in False Claims Act and fraud litigation. He has testified before Congress concerning proposed amendments to the False Claims Act. He has litigated more than 20 qui tam matters brought under the False Claims Act, including matters alleging Iraqi procurement fraud, cost misallocation, quality assurance deficiencies, substandard products, defective pricing, health care fraud, and false certifications. He has conducted numerous internal investigations and frequently advises clients on whether to make disclosures of potential wrongdoing.
CloseTodd L. Nunn
Partner
K&L Gates
He practices litigation in state and federal court on behalf of corporate and governmental clients. He advises clients... | Read More
He practices litigation in state and federal court on behalf of corporate and governmental clients. He advises clients on e-discovery issues, document preservation and discovery response planning. His current practice emphasizes insurance coverage, electronic discovery and class action defense.
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