Oregon Federal Court Holds that Careless Privilege Review Constitutes Waiver under Amended FRE 502
10 December 2008
Mayer Brown Legal Update
10 December 2008 - The Federal District Court of Oregon has ruled that under recently amended Federal Rule of Evidence (FRE) 502, the attorney-client privilege was waived when privileged materials were produced because of the disclosing party's careless privilege review. Relion, Inc. v. Hydra Fuel Cell Corp., 2009 WL 5122828 (D. Or. 2008). In preparation for opposing counsel's inspection and copying of documents at Relion's offices, Relion's attorneys reviewed the requested documents to remove attorney-client and work product materials.