Federal E-Discovery: In Absence of a 502(d) Order, Court Finds Waiver of Privilege

Litigation partners Chris Boehning and Dan Toal’s latest Federal E-Discovery column, “In Absence of a 502(d) Order, Court Finds Waiver of Privilege,” appeared in the August 6 issue of the New York Law Journal. The authors discuss Federal Rule of Evidence 502, enacted as a response to the challenges of privilege review in e-discovery, including the significance of subdivision (d) in ensuring that inadvertent disclosure of privileged materials would not result in waiver. Analyzing a recent decision in United States ex rel. Omni Healthcare, Inc. v. MD Spine Solutions LLC, the authors highlight the protections the defendants would have benefited from had they entered into a 502(d) order. Deputy chair and counsel, e-discovery, Ross Gotler assisted in the preparation of this article.

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