More On

E-discovery: Be sure to "claw back" your privileges

Using Rule 502 to retrieve inadvertently produced privileged documents

In many lawsuits, e-discovery has become the 500-pound gorilla in the room. While it potentially provides a party with a treasure trove of valuable information, it is also expensive, time consuming and, at times, too much of a good thing.

Sophisticated computer systems are now necessary to review the hundreds of thousands of documents produced through e-discovery, with costs sometimes exceeding seven figures. But with proper preparation, competent assistance and cooperation between the parties, counsel can navigate the process in an efficient and relatively economical manner.

Rule 502 to the rescue

So what can you do? In federal court, Rule 502 of the Federal Rules of Evidence provides guidance. Enacted in 2008, this rule revolutionized the law of privileges in federal court and even in state courts to some extent. The rule provides a framework to prevent a waiver on privileged documents inadvertently produced through e-discovery.            

Contributing Author

author image

Anthony Valiulis

Anthony C. Valiulis, a Principal in the Litigation & Dispute Resolution group and a member of the Management Committee at Chicago-based law firm Much...

Bio and more articles

Join the Conversation

Advertisement. Closing in 15 seconds.