Impact of Rule 502(d)

, The National Law Journal

On Sept. 19, President Bush signed into law Federal Rule of Evidence 502 (Attorney-Client Privilege and Work Product; Limitations on Waiver). It applies to previously filed cases in the discretion of the trial judge and to all cases filed on and after Sept. 19. Rule 502(d) is the most innovative aspect of the new rule, and it dictates that protective orders be drafted differently than they have before. It provides that a federal court order governing waiver is binding on all other courts and third parties.

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