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Federal Rule of Evidence 502
The first part of this article summarized the law of inadvertent waiver of privilege and the evolution of courts' approaches to this problem, described the changes brought about by newly enacted Federal Rule of Evidence 502, and discussed such leading cases as Victor Stanley, Inc. v. Creative Pipe, Inc. and Rhoads Industries, Inc. v. Building Materials Corporation of America. The conclusion offers a roadmap for the product liability practitioner to navigate the opportunities and challenges presented by Rule 502, and illustrates how to protect a client's privileged communications in a cost-conscious way.
The Path Forward
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