Rhoads Industries, Inc. v. Building Materials Corp. of America

MEMORANDUM RE: WAIVER OF ATTORNEY-CLIENT PRIVILEGE

BAYLSON, District Judge.

Recently enacted Federal Rule of Evidence 502 adopts a national standard that an inadvertent disclosure of privileged information does not waive the privilege if the holder of the privilege took reasonable steps to pre*218vent disclosure and to rectify the error.1 A dispute in this case requires review of the procedure used by the Plaintiff, which resulted in the inadvertent disclosure of over eight hundred documents. Should this result in a waiver of the privilege? Judges have often grappled with this issue, adjudicating…