Archive: May 16, 2007

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Advisory Committee Modifies Proposed Evidence Rule 502 In Light of Public Comment Received, and Recommends Approval by Standing Committee
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Search Software Gets Boost From New Rules

Advisory Committee Modifies Proposed Evidence Rule 502 In Light of Public Comment Received, and Recommends Approval by Standing Committee

On May 15, 2007, the Advisory Committee on Evidence Rules issued its Report to the Standing Committee regarding its April 2007 meeting and its recommendations with respect to proposed Evidence Rule 502 on Waiver of Attorney-Client Privilege and Work Product.  (The 83-page Report is available here.)  The Report states that, at the April 2007 meeting, the Committee carefully considered all of the public comment received on the proposed rule, as well as other issues raised by members of the Committee.  As a result, the Committee made a number of changes to the version of proposed Rule 502 that was issued for public comment.  This new modified version of proposed Evidence Rule 502 is available here.  The Committee’s post-publication modifications to the proposed rule include the following: 

1.  Changes were made by the Style Subcommittee of the Standing Committee, both to the text as issued for public comment, and to the changes to the rule made at the April 2007 Evidence Rules Committee Hearing.

2.  The text was clarified to indicate that the protections of Rule 502 apply in all cases in federal court, including cases in which state law provides the rule of decision.

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Search Software Gets Boost From New Rules

By Samar Srivastava From today’s Wall Street Journal:

"Demand for software that can search and locate emails, text messages, videos and spreadsheets is expected to surge in the wake of federal legislation requiring companies to make such information readily available in court proceedings.

In December, Congress passed the Federal Rules of Civil Procedure, accelerating deadlines for companies to identify and describe electronically searchable information that can be used as evidence in a lawsuit. To comply with requests for such electronically stored information during litigation, companies need to have a plan and tools in place. "

Click here to read the entire article [subscription required.]

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