H.R.6610 - To amend the Federal Rules of Evidence to address the waiver of the attorney-client privilege and the work product doctrine.

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  • Official: To amend the Federal Rules of Evidence to address the waiver of the attorney-client privilege and the work product doctrine. as introduced.

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  • Past Seven Days: 6
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Introduced
 
House
Passes
 
Senate
Passes
 
President
Signs
 

 
07/23/08
 
 
 
 
 
 
 

Sponsor

Representative

Sheila Jackson-Lee

D-TX

No Co-Sponsors

Committees

Official Summary

7/24/2008--Introduced.Amends the Federal Rules of Evidence with respect to the disclosure of a communication or information covered by the attorney-client privilege and work product protection. Provides that, when such a disclosure is made in a federal proceeding or to a federal office or

Official Summary

7/24/2008--Introduced.
Amends the Federal Rules of Evidence with respect to the disclosure of a communication or information covered by the attorney-client privilege and work product protection. Provides that, when such a disclosure is made in a federal proceeding or to a federal office or agency, and waives the attorney-client privilege or work-product protection, the waiver extends to an undisclosed communication or information in a federal or state proceeding only if:
(1) the waiver is intentional;
(2) the disclosed and undisclosed communications or information concern the same subject matter; and
(3) they ought in fairness to be considered together. States that, when the disclosure is made in a federal proceeding or to a federal office or agency, it does not operate as a waiver in a federal or state proceeding if:
(1) the disclosure is inadvertent;
(2) the holder of the privilege or protection took reasonable steps to prevent disclosure; and
(3) the holder promptly took reasonable steps to rectify the error. Declares that, when the disclosure is made in a state proceeding and is not the subject of a state-court order concerning waiver, it does not operate as a waiver in a federal proceeding if the disclosure:
(1) would not be a waiver under this rule if it had been made in a federal proceeding; or
(2) is not waived under law of the state where the disclosure occurred.


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Recent Blog Coverage

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09/16/08
E-Discovery Relief?: Congress Passes Bill To Reduce Risk Of ...

in February, 2008, and the House passed the identical HR 6610 last week. One unfortunate aspect of the new e-discovery rules has been a tremendous cost due to the need to review ESI, particularly emails, to make ... privilege or the ...

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07/28/08
hr 6610: to amend the federal rules of evidence to address the ...

texas representative sheila jackson-lee (d) has introduced hr 6610, a bill that is in the first step in the legislative process toward having a new, codified law governing inadvertent disclosure and waiver of attorney-client and work ...

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07/28/08
HR 6610: To amend the Federal Rules of Evidence to address the ...

Texas Representative Sheila Jackson-Lee (D) has introduced HR 6610, a bill that is in the first step in the legislative process toward having a new, codified law governing inadvertent disclosure and waiver of attorney-client and work ...

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