The Impact of Federal Rule of Evidence 502(d) on Protective Orders
A new article, entitled The Impact of Federal Rule of Evidence 502(d) on Protective Orders has been posted on the Recent Articles page at http://www.josephny_live.com/articles/viewarticle.php?59. The article discusses the manner in which protective orders -- specifically, provisions clawing back privileged information that has been disclosed -- should now be drafted in light of new Federal Rule of Evidence Rule 502 (Attorney-Client Privilege and Work Product; Limitations on Waiver). Alternative forms of order are set forth in the article.
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