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Summary of New FRE 402

Here is a summary of FRE 502 which came into effect on September 18, 2009.  The rule – which addresses the attorney client privilege and work product doctrine – is intended to provide increased clarity in this confusing area of the law.

The author explains that "[t]he rule establishes a presumption against subject matter waiver, resolve the issue of inadvertent disclosure, provides for confidentiality orders and supports party agreements, among other issues. "

Thanks to Federal Evidence Review.

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