On April 24, 2006, from 9 a.m. until 1 p.m., the Advisory Committee on the Federal Rules of Evidence will conduct a hearing (or “mini-conference”) on a proposed rule that would govern waiver of attorney-client privilege and work product protection. The hearing will take place at the Fordham University School of Law Amphitheater in New York City, and will consist of short statements by invited presenters, with time left for a discussion among the presenters and questions from the Committee. Interested members of the public are invited to attend the hearing and are free to attend the Committee meeting that will follow.
For its mini-conference, the Committee has invited the following distinguished members of the judiciary, academia, private practice and government practice to discuss the proposed rule:
-Hon. John G. Koeltl, U. S. District Judge, Southern District of New York
-Hon. Paul W. Grimm, U. S. Magistrate Judge, District of Maryland (author of Hopson v. Mayor of Baltimore, 232 F.R.D. 228 (D. Md. 2005))
-David M. Brodsky, Esq., Latham & Watkins, New York City
-Gregory P. Joseph, Esq., Law Offices of Gregory Joseph, New York City
-James K. Robinson, Esq., Cadwalader Wickersham & Taft, Washington, D.C.
-Stephen D. Susman, Esq., Susman Godfrey, Houston, Texas
-Ariana J. Tadler, Esq., Milberg Weiss, Bershad & Schulman, New York City
-Mary Jo White, Esq., Debevoise & Plimpton, New York City
-John Kenney, Esq., American College of Trial Lawyers
-John Vail, Esq., Association of Trial Lawyers of America
-Peter B. Pope, Esq., New York Attorney General’s Office
-Richard M. Humes, Esq., Securities & Exchange Commission
-Professor Bruce A. Green, Fordham Law School, New York City
-Professor Timothy Glynn, Seton Hall Law School, Newark, New Jersey
After the hearing, the Committee will convene for its Spring 2006 meeting. Among other business, the Committee will consider the draft Rule 502, especially in light of the testimony presented at the morning’s hearing.
The text of proposed Evidence Rule 502 and the accompanying Committee Note is available here.