A bill to amend the Federal Rules of Evidence to address the waiver of the attorney-client privilege and the work product doctrine.

2/27/2008--Passed Senate without amendment. (This measure has not been amended since it was introduced. The summary of that version is repeated here.) 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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Sponsor

• Sen. Patrick Leahy [D, VT]
• and 2 Co-Sponsors
  • Sen. Lindsey Graham [R, SC]
  • Sen. Arlen Specter [R, PA]
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Committees

• House Judiciary
• 1 more
  • Senate Judiciary
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Amendments

This bill has no amendments.

Amendments to S.2450

Number	Status	Purpose

Bill Status

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Introduced		Voted on by Senate		Voted on by House		Considered By President		Bill Becomes Law
December 11, 2007		February 27, 2008

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All Bill Actions

• Feb 28, 2008: Received in the House.
• Feb 28, 2008: Referred to the House Committee on the Judiciary.
• Feb 28, 2008: Message on Senate action sent to the House.
• Passed by Unanimous Consent in the Senate on Feb 27, 2008. Passed Senate without amendment by Unanimous Consent.
• Added to calendar on Feb 25, 2008: Placed on Senate Legislative Calendar under General Orders. Calendar No. 580..
• Feb 25, 2008: Committee on the Judiciary. Reported by Senator Leahy without amendment. With written report No. 110-264.
• Jan 31, 2008: Committee on the Judiciary. Ordered to be reported without amendment favorably.
• Jan 31, 2008: Committee on the Judiciary. Date of scheduled consideration. SD-226. 10:00 a.m.
• Dec 11, 2007: Read twice and referred to the Committee on the Judiciary.
• Dec 11, 2007: Sponsor introductory remarks on measure. (CR S15141-15142)
• Introduced on Dec 11, 2007.

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Related Issue Areas:

• Law
• Attorney-client privilege
• Evidence (Law)
• State and local government
• 2 more
• State courts
• State laws

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In the News

February 13, 2008 Local Support for Federal Rule 502

... expressing the bar association’s support for the proposed legislation (S. 2450), which would add Rule 502 to the Federal Rules of Evidence. ...

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Source: Brooklyn Daily Eagle, NY

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December 17, 2007 Bipartisan legal reform bill in the Senate

S. 2450, introduced by Sens. Leahy and Specter, would implement a new Federal Rule 502, establishing a presumption for the return of inadvertently produced ...

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Source: Point of Law, NY

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December 13, 2007 Voyage of Discovery

introduced a bill (S. 2450) on Tuesday that would help minimize the costly and cumbersome process of guarding against the inadvertent release of privileged ...

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Source: The BLT, DC

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Blog Coverage

August 31, 2008 New Rule 502 to Protect Against Privilege Waiver

Due to the skyrocketing cost of producing electronically stored information in litigation, the US Senate unanimously passed without amendment Senate Bill S. 2450 in February. If, as expected, the bill is approved by the House of ...

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Source: EDD Blog Online

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August 06, 2008 Internal Investigations 2008: Legal, Ethical & Strategic Issues

Julie A. Bauer; In The Senate Of The United States, December 11, 2007, 110th Congress, 1st Session, S.2450: To Amend The Federal Rules Of Evidence To Address The Waiverof The Attorney-Client Privilege And The Work Product Doctrine ...

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July 06, 2008 Job Hunting In Radiology.

On February 27, 2008 the Senate unanimously passed S. 2450 which includes new Rule 502 of the Federal Rules of Evidence. Iredell County businesses sending less waste to landfill Iredell residents have gotten the message about going ...

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Source: Tires, Tire Care and Tire Product Information

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