Professor Henry Noyes, of Chapman University School of Law, has posted on SSRN an article analyzing the implications of new Federal Rule of Evidence 502.
Here’s a link to “Federal Rule of Evidence 502: Stirring the State Law of Privilege and Professional Responsibility With a Federal Stick.”
According to Professor Noyes:
“Rule 502 quietly takes
This guest post was written by David B. Alden of Jones Day, who may know more about the attorney-client privilege than any other living human being. Because it’s Dave’s work, Beck and Herrmann are off the hook — they claim no credit for what follows.
Both Houses of Congress have passed Senate Bill No.
This guest post was written by David Booth Alden. Mr. Alden is a partner resident in the Cleveland office of Jones Day. This post is entirely his work. It of course represents only his views, and not the views of his clients or firm.
As the price of long distance communication has fallen,
This guest post was written by David Booth Alden. Mr. Alden is a partner resident in the Cleveland office of Jones Day. This post is entirely his work. It, of course, represents only his views and not the views of his clients or firm.
Your law firm sends you a lengthy legal analysis
We have received several times over the last few days a blast e-mail from an e-discovery outfit advising us that “litigation hold memos” — the documents instructing employees to preserve all relevant documents once litigation is reasonably anticipated — are protected by the attorney-client privilege.
Here’s the key excerpt from that blast e-mail:
“ARE LITIGATION
This guest post was written by David Booth Alden. Mr. Alden is a partner resident in the Cleveland office of Jones Day. This post is entirely his work. It of course represents only his views, and not the views of his clients or firm.
The privilege as applied to in-house attorneys
Some in-house
This guest post was written by David B. Alden. Mr. Alden is a partner resident in the Cleveland office of Jones Day. This post is entirely his work:
Suppose you mistakenly produce privileged or protected documents to a litigation opponent – an unfortunately common occurrence in large scale litigation. Proposed Fed. R. Evid.
We have previously posted on proposed Federal Rule of Evidence 502, which would codify at least portions of the law relating to waiver of the attorney-client privilege and work product protection.
The “big ticket” item in the proposed rule, which was not the focus of our post, was the “selective waiver” rule. This provision would
In a high-profile case, your client will need both legal counsel and public relations advice. The question is this: Who — your law firm or the client — should retain the public relations firm to maximize the chance that communications with the public relations firm will be protected by the attorney-client privilege or work-product doctrine?
The recent amendments to the Federal Rules of Civil Procedure added several provisions to address electronic discovery issues. One provision — Rule 26(b)(5)(B) — allows a party that produces privileged or protected information to notify the opposing party of the claim and, after that notification, the receiving party must “promptly return, sequester, or destroy the