Civil Litigation
Aug. 26, 2019
Managing regret: Rule 502, the disclosure of privileged material and clawbacks
How do you manage the risk of producing privileged material to an adversary? Federal Rule of Evidence 502 is often used by civil and criminal litigators to mitigate risks involved in producing documents that may include privileged material. If you only had a Rule 502 order in place, you could get the lyrics to stop. Below we explain how Rule 502 is used and how you can manage the risk of producing privileged materials, especially in large electronic data reviews.




Anthony Pacheco
Shareholder
Vedder Price
Email: apacheco@vedderprice.com
Anthony is a member of the firm's Government Enforcement and Special Investigations Practice.
Nate Wright
Associate
Vedder Price
Email: nwright@vedderprice.com
Nate is a member of the firm's Government Enforcement and Special Investigations practice.

You have reviewed terabytes of electronic data for production in response to a government subpoena. It is now 3 a.m. and dread suddenly consumes you. You realize that your team has produced countless pages of attorney-client privileged communicatio...
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