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Rule 502

While Rule 502 is limited to agreements among parties "in a Federal proceeding," what about a non-waiver agreement between a company and the government during an investigation, when the company is not a party to any proceeding? This question and more are discussed in this article.

19 minute read August 25, 2009 at 07:37 AM
By
Joseph F. Savage, JR., Jennifer L. Chunias And Marcy D. Smirnoff
Rule 502

Companies under government investigation commonly grapple with the risk of inadvertent disclosure of privileged information, typically during document productions, as well as the consequences of deliberately disclosing privileged information to the government ' either to gain credit for cooperation or to meet a self-reporting requirement.

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