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Technology Today: Broad Federal Court Powers Under Evidence Rule 502(d)
April 6, 2011
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Litigation partners H. Christopher Boehning and Daniel J. Toal authored an article that discusses two recent decisions that, by significantly relying on the "intent" behind Federal Rule of Evidence 502, hold that federal courts may enter, without party agreement, an order requiring parties to return inadvertently produced privileged documents without waiver of privilege. Federal courts increasingly may view their power to impose such "nonwaiver agreements" on non-consenting parties as an important weapon in their arsenal to combat the spiraling costs of producing and reviewing electronic data. The article, "Broad Federal Court Powers Under Evidence Rule 502(d)," appeared in the April 5 issue of the New York Law Journal. Litigation associate Daniel H. Wolf assisted in the preparation of this article.