Nov. 29, 2023
Sword-Shield: Privilege Waivers and Evidentiary Preclusion in Antitrust Trials
See more on Sword-Shield: Privilege Waivers and Evidentiary Preclusion in Antitrust Trials
The Sword-Shield Doctrine
Many litigants are familiar with the sword-shield doctrine embodied in Federal Rule of Evidence 502(a). The doctrine holds that if a party discloses privileged information as part of its case (the sword), the party may be precluded from withholding privileged information on the same subject matter (the shield). In such situations, fairness ma...
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