Law.com Subscribers SAVE 30%

Call 855-808-4530 or email [email protected] to receive your discount on a new subscription.

Product Liability Law & StrategyKickerFeaturesTopicsCommercial LawSectionsNewsLJN Newsletters

Federal Rule of Evidence 502

By Cynthia K. Courtney and Edgar B. Hatrick

The prospect of inadvertently disclosing privileged documents to one's adversary is one of a lawyer's worst nightmares. Before the advent of electronic discovery, when parties reviewed and produced tens of thousands, or even millions of pages of paper, it was an article of faith that every document would be reviewed, and, if found to be privileged, withheld under a substantiated privilege claim. There was a good reason for this: Courts routinely held that the attorney-client privilege was waived in the event of a disclosure, even if the disclosure was inadvertent, with the result that the document could be used by one's adversary. In some cases, the waiver applied to all documents of the same subject matter as the document that had been inadvertently disclosed, a development which could deal a death blow to one's case.

In today's digital environment, the volume of documents collected, reviewed and produced has exploded. One gigabyte ' about 75,000 pages ' is a relatively small case in the world of electronic discovery. With tight time frames and ever-increasing volumes of documents to review, the risk of inadvertently producing privileged material and the resulting pressure on lawyers and parties is greater than ever. Federal Rule of Evidence 502 was enacted in direct response to the risks and costs associated with reviewing large document sets and the attendant fear of disclosing privileged information.

This premium content is locked for Entertainment Law & Finance subscribers only

  • Stay current on the latest information, rulings, regulations, and trends
  • Includes practical, must-have information on copyrights, royalties, AI, and more
  • Tap into expert guidance from top entertainment lawyers and experts

For enterprise-wide or corporate acess, please contact Customer Service at [email protected] or 877-256-2473

Read These Next
The Article 8 Opt In Image

The Article 8 opt-in election adds an additional layer of complexity to the already labyrinthine rules governing perfection of security interests under the UCC. A lender that is unaware of the nuances created by the opt in (may find its security interest vulnerable to being primed by another party that has taken steps to perfect in a superior manner under the circumstances.

Major Differences In UK, U.S. Copyright Laws Image

This article highlights how copyright law in the United Kingdom differs from U.S. copyright law, and points out differences that may be crucial to entertainment and media businesses familiar with U.S law that are interested in operating in the United Kingdom or under UK law. The article also briefly addresses contrasts in UK and U.S. trademark law.

Beach Boys Songs Written Decades Ago Triggered Current Quarrel With Lawyers Image

There's current litigation in the ongoing Beach Boys litigation saga. A lawsuit filed in 2019 against Nevada residents Mike Love and his wife Jacquelyne in the U.S. District Court for the District of Nevada that alleges inaccurate payment by the Loves under the retainer agreement and seeks $84.5 million in damages.

Strategy vs. Tactics: Two Sides of a Difficult Coin Image

With each successive large-scale cyber attack, it is slowly becoming clear that ransomware attacks are targeting the critical infrastructure of the most powerful country on the planet. Understanding the strategy, and tactics of our opponents, as well as the strategy and the tactics we implement as a response are vital to victory.

Transfer Tax Implications on Real Property Leases Image

The real property transfer tax does not apply to all leases, and understanding the tax rules of the applicable jurisdiction can allow parties to plan ahead to avoid unnecessary tax liability.