New Federal Rule of Evidence 502 enacted

Attorneys conducting exhaustive reviews of documents subject to a discovery request, to ensure that privileged material is not produced, are welcoming the enactment of new Federal Rule of Evidence, FRE 502.

FRE 502 limits waivers of attorney-client privilege and work-product protection to facilitate discovery and reduce discovery costs, according to a memo issued yesterday by the Administrative Office of the United States Courts.

The new rule was enacted last Friday, takes immediate effect and

applies in all proceedings commenced after the date of enactment and, insofar as is just and practicable, in all proceedings pending on such date.

U.S. District Court Judge Lee H. Rosenthal, the chair of the Judicial Conference Committee on Rules of Practice and Procedure, discusses the new rule here.