[Session 4] Drafting Team Update: Why it May Be Malpractice to Forego a Rule 502(d) Privilege Non-Waiver Order

Federal Rule of Evidence 502(d) was designed to insulate litigants from motion practice over whether production of attorney-client privileged information or attorney work product waived the privilege. Despite its success in accomplishing this objective, problems still exist that prevent the fulfillment of Rule 502(d)’s promise. To address these issues, the Rule 502(d) drafting team has prepared a series of practical recommendations for clients, counsel, and courts to consider. Please join this session as we dialogue regarding these recommendations, along with other guidance and best practices from the draft Primer to better ensure the most effective use of 502(d) orders.