Exciting new series on “Voice, Body and Movement for Lawyers – How to connect with the jury and find Justice Through Dramatic Technique!”
Click here to find out moreIn September of 2008 Federal Rule of Evidence 502 (FRE 502) was signed into law. The new rule ostensibly limits waivers of attorney-client privilege and work-product protection in both federal and state proceedings. However, until courts address the meaning—not to mention the constitutionality—of FRE 502, its effects will remain unclear. Practitioners seeking to preserve their clients' confidences must still confront a number of ethical and legal issues. When is a disclosure "inadvertent" as opposed to "intentional"? What steps to protect privileged materials are considered "reasonable," and does the answer depend on whether electronically stored information (ESI) is involved? Are selective waivers possible when cooperating with regulators? Can (or should) an employer defend against a workplace harassment claim by disclosing the report of its attorney-investigator? In a patent case, can a party accused of willful infringement rely up the prior advice of its counsel without waiving privilege or work-product protection with respect to its trial counsel? How might FRE 502 be applied in the context of joint defense or common interest arrangements? Join us for as our popular presenter Matt Rita addresses these and other questions from the vantage point of both in-house and outside counsel. In addition to addressing some recent court decisions (including the Federal Circuit's en banc ruling in the Seagate Technology litigation), our presenter provides attendees with some practical pointers for managing information received from their clients—or from their adversaries, as the case may be.
