Limiting the Scope of Waiver Under Federal Rule of Evidence 502 (a)

August 20, 2013 | New York Law Journal

A recent Southern District ruling by Magistrate Judge Frank Maas found that a party's intentional disclosure of two privileged documents did not result in a broader waiver of the attorney-client privilege, citing the seldom-invoked Federal Rule of Evidence 502(a). This article discusses that decision and Rule 502's promise of greater predictability over the scope of intentional waivers.