Webinar on The Sedona Conference Commentary on the Effective Use of Federal Rule of Evidence 502(d) Orders

The Commentary on the Effective Use of Federal Rule of Evidence 502(d) Orders encourages more robust use of Rule 502(d) orders by highlighting the benefits of 502(d) orders, clarifying confusion regarding the Rule’s protections and limits, and suggesting methods to address the  challenges presented when using such orders. This webinar will feature Partner Nathaniel Giddings and other members of drafting team, who will offer key takeaways and solicit feedback and comments from the audience.

Federal Rule of Evidence 502 was adopted in 2008 to address the “widespread complaint” that litigation costs related to the protection of privilege have become “prohibitive” and to provide parties with the means to limit the prohibitive costs of privilege and work-product review and retention. A primary means of providing this protection is through Rule 502(d), which permits parties to enter into a court order preventing waiver for privileged documents produced in a proceeding.

Continuing confusion about the Rule's potential benefits has contributed to underuse of this valuable tool. The Sedona Conference Commentary on the Effective Use of FRE 502(d) Orders attempts to clarify the confusion regarding the Rule's protections and limitations while also providing guidance in addressing the challenges of using 502(d) orders.

The Public Comment Version of the Commentary is available here.  Working Group 1 also invites written comments through August 1, 2021 to comments@sedonaconference.org.