Fed Rule of Evidence 502 Affects e-Discovery

February 3, 2009
Compliance Week

Eric Reed lent his insight to the article “Fed Rule of Evidence 502 Affects e-Discovery,” which appeared in the February 3, 2009, edition of Compliance Week.

The article discussed the newly enacted Federal Rule of Evidence 502, which “aims to ease fears that companies could accidentally waive attorney-client or work-product protections” when including electronic data during discovery.

Said Reed, “People are taking the same level of precaution they did before (enactment of Rule 502),” when reviewing electronic communications for litigation and that, in his experience, an anticipated drop in discovery costs has not yet materialized since the Rule’s enactment in September 2008.

Recent decisions have shed some light on how the courts are applying the Rule. Reed says companies would be wise to start gathering documents early. “Mistakes are born out of haste,” he says. “If you’re in a rush, you’re more likely to produce something inadvertently.”

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