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President Bush Signs "Inadvertent Disclosure" Bill |
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On September 19, 2008, President Bush signed Senate Bill S. 2450 which amends the Federal Rules of Evidence to address inadvertent waiver of the attorney-client privilege and work product doctrine. The bill is codified in FRE Rule 502 and provides, in part, that the inadvertent disclosure of privileged materials does not operate as a waiver of those materials if the holder of the privilege or protection took reasonable steps to prevent disclosure, or if the holder took reasonable steps to rectify the error, including (if applicable) following Federal Rule of Civil Procedure 26(b)(5)(B). The law applies to all pending cases and to previously-filed cases, to the extent just and practicable.
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