Pike and Fischer’s Electronic Evidence Update, a service of Pike and Fischer Digital Discovery and e-Evidence, reported today that the Advisory Committee on the Federal Rules of Evidence will consider a new rule during a meeting on April 24. Proposed Federal Rule of Evidence 502 codifies waiver of privilege and work product protection by disclosure, and includes exceptions to such waiver. An exception for inadvertent disclosure addresses the concern that the cost of privilege review has become prohibitive in cases involving electronic discovery. The rule also codifies the controlling effect of (1) court orders regarding the preservation or waiver of privilege or work product protection and (2) party agreements regarding the effect of disclosure. Court orders are made applicable to non-parties, and party agreements regarding the effect of disclosure are made binding on the parties to the agreement but not on other parties unless the agreement is incorporated into a court order. Read More
Preston Gates partner Helen Bergman Moure was recently featured as the expert on ComplianceResources.org’s “Ask the Compliance Expert” column. The interview focuses on document retention and e-discovery.
In the Q&A, Helen notes that some of the major challenges facing corporations include the “volume of electronic data being created and stored by individual users, education of employees about the importance of effective document retention practices, and implementation of effective policies that balance business needs with legal requirements.”
In the interview, she also addresses litigation hold procedure and provides some high-level recommendations for helping a company prepare for document productions and requests related to litigation or a governmental investigation.
Click here to read the full interview.