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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.

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Nate Wright

Associate
Vedder Price

Email: nwright@vedderprice.com

Nate is a member of the firm's Government Enforcement and Special Investigations practice.

See more...

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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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