Federal Rule of Evidence 502 (Additional Background Materials)

This Additional Background Materials Page provides a listing of supplementary materials that may aid in understanding the background and operation of new Federal Rule of Evidence 502. Other information on the FRE 502 Resource Pages, includes an Overview; Legislative Materials; Text of FRE 502; Key Cases; and coverage in the Federal Evidence Blog.

Additional Background Materials

http://federalevidence.com/advisory-committee-notes#Rule502
ItemDateSource/LinkNotes
FRE 502 TimelineApr. 2004 to Sept. 2008FRE 502 TimelineUpdated timeline of key events in the consideration and adoption of FRE 502
Advisory Committee NotesSept. 19, 2008
Feb. 27, 2008
Sept. 2008		Online Version
Senate
Judicial Conference		All three versions, which are the same, are also available in this online version.
Federal Evidence ReviewOct. 2008 "Understanding New FRE 502 (Attorney-Client Privilege And Work-Product Doctrine)," 5 Fed. Evid. Rev. 1454 (Oct. 2008) Reviews key provisions under FRE 502
New York Law Journal ArticleDec. 1, 2008Peter K. Vigeland, Robert W. Trenchard, Daniel C. Richenthal, Michelle E. Kanter, Selective Waiver: Changes in policy and the law alter the calculus in weighing a client's cooperation, N.Y.L.J. (Dec. 1, 2008) Members of Wilmer Cutler Pickering Hale and Dorr present many key points not raised elsewhere on Selective Waiver, including:

  • Whether FRE 502(d) permits selective waiver remains "unclear"
  • Whether FRE 502(d) is applicable to a government investigation?
  • Whether FRE Does Rule 502(e) overrules case law which has held that disclosure of protected information to the government does not constitute a general waiver, so that the information remains shielded from use by other parties?
The Arkansas Lawyer - ArticleSummer 2009Hon. Jerry Cavaneau, "New Fed. R. Evid. 502 -- How Well Will It Work" 44 The Arkansas Lawyer 10-12 (Summer 2009) Explores how FRE 502 has made the law of waiver more uniform and has offered protection where federal courts have determined that no waiver has occurred, either as the result of the circumstances of the case or the operation of an agreement between the parties incorporated into an order.