S. 2450 · 110th Congress · enacted
A bill to amend the Federal Rules of Evidence to address the waiver of the attorney-client privilege and the work product doctrine.
Became Public Law No: 110-322.
Latest official action 2008-09-19 · Enacted
The bill, briefly
(This measure has not been amended since it was introduced. The summary of that version is repeated here.) Amends the Federal Rules of Evidence with respect to the disclosure of a communication or information covered by the attorney-client privilege and work product protection. Provides that, when such a disclosure is made in a federal proceeding or to a federal office or agency, and waives the attorney-client privilege or work-product protection, the waiver extends to an undisclosed communication or information in a federal or state proceeding only if: (1) the waiver is intentional; (2) the disclosed and undisclosed communications or information concern the same subject matter; and (3) they ought in fairness to be considered together. States that, when the disclosure is made in a federal proceeding or to a federal office or agency, it does not operate as a waiver in a federal or state proceeding if: (1) the disclosure is inadvertent; (2) the holder of the privilege or protection took reasonable steps to prevent disclosure; and (3) the holder promptly took reasonable steps to rectify the error. Declares that, when the disclosure is made in a state proceeding and is not the subject of a state-court order concerning waiver, it does not operate as a waiver in a federal proceeding if the disclosure: (1) would not be a waiver under this rule if it had been made in a federal proceedi…
Congressional Research Service · 2008-09-19
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Amount spent specifically on this bill: not disclosed
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Politicians behind the bill
Sponsors and cosponsors from the official source, limited to members currently in office. Campaign amounts are cycle-wide and are not payments for this bill.
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2 of 2 source cosponsor records retrieved; only current officials and unwithdrawn sponsorships appear.
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What happened after enactment?
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Measured outcome: not established
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