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Protecting Privilege

To read more about FRE 502 in different jurisdictions, click here.


Reasonable Precautions

Even with FRE 502 in effect, inadvertent disclosure of protected information can still result in a privilege waiver. Litigation experts note the requirements for taking "reasonable" precautions against inadvertent disclosure and "reasonably prompt" measures to rectify it if it does occur are preconditions for maintaining privilege. This includes following the procedures in Rule 26 of the Federal Rules of Civil Procedure, which require notice to any party receiving the information claimed to be privileged and other provisions.

Michael Kozubek

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