The proliferation of e-mail and other sources of electronically stored information (ESI) has caused immense increases in litigation discovery costs. Directly tied to the increase in costs is the growing burden on litigants and their attorneys to review masses of ESI to ensure that privileged material is not produced, and thereby avoid a subject-matter waiver that allows an opponent and third parties access to a broad range of privileged material. The newly enacted Federal Rule of Evidence 502 (FRE 502) is supposed to help relieve this burden by putting in place protections that prevent inadvertently disclosed privileged material from automatically constituting waiver. These protections, however, rest on a reasonable standard that FRE 502 does not define. As a result, FRE 502's reach and application are far from predictable and consistent. This teleconference will address:

  1. Reasonable steps that one can take to prevent disclosure
  2. Reasonable steps that one can take to rectify disclosure
  3. Practical lessons

Jason B. Fliegel
Lucius T. Outlaw III

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Thursday, September 17, 2009
11:00 a.m. - 11:30 a.m. EDT
10:00 a.m. - 10:30 a.m. CDT
8:00 a.m. - 8:30 a.m. PDT

5:00 p.m. -5:30 p.m. CEST
4:00 p.m. - 4:30 p.m. BST

For additional information, please contact Hilary Alexis at +1 312 701 8678 or

Learn more about Mayer Brown's Electronic Discovery & Records Management and White Collar Defense & Compliance practices.