Rule 502 - Are we done with Privilege Issues?

"Today we tackle the vexing world of waiving privilege with ESI with two outstanding panelists and moderated by Karl Schieneman, Director of Legal Analytics and Review at JurInnov. Privilege waiver and the challenges faced with ESI have been tackled in a number of high profile cases by one of our panelists Judge Grimm and written about by Tom Allman. Judge Paul Grimm serves as a full time Magistrate Judge for the United States District Court for the District of Maryland. He was appointed in February 1997. Additionally, Judge Grimm is an Adjunct faculty member of the University of Maryland School of Law, where he teaches trial evidence, pretrial civil procedure, and scientific evidence. Judge Grimm is a frequent lecturer at CLE programs on issues regarding evidence and civil procedure, and has published several books and numerous articles on these topics. Mancia v. Mayflower Textile Services & the Cooperation Proclamation; Victor Stanley, Inc. v. Creative Pipe and the need to explain why search terms are being created when privileged materials were disclosed to the other side; Markel American Insurance Co on admissibility and authentication ESI; and Hopson v. Mayor of Baltimore on the complications of privilege waiver with the disclosure of privileged or work product ESI between different state jurisdictions which still need to be addressed and now have by Rule 502. Tom Allman, a former partner at Taft, Stettinius & Hollister and, from 1993 to 2003, General Counsel of BASF Corporation, is one of the Editors of the Sedona Principles (2nd Ed. 2007) and currently co-chairs the Steering Committee of the Sedona Conference® Working Group on Electronic Discovery and Document Production. He is also one of the editors of the PLI Electronic Discovery Deskbook (2009). He was an early advocate of the need for e-discovery amendments to the Federal Rules of Civil Procedure, including what became Rule 37(e) (the safe harbor amendment). He has published numerous articles on E-discovery and Corporate Compliance and is a frequent speaker on related topics. He is a graduate of Yale Law School and resides in Cincinnati and New York City. He also has written and given presentations nationally on Rule 502. In this podcast, we cover an Overview of the Rules, Constitutional Issues, Ethical Issues for attorneys caused by the implementation of the Rule, the practical issues associated with disclosure, grey areas between state courts and federal courts, the impact on privilege, and costs issues with privilege review. Rule 502 is still a new Rule with very few decisions interpretting it on the books. However, it offers some great hope for litigants to protect themselves down the line from waiving privilege when reviewing large amounts of ESI. This was a very interesting podcast to do and I hope you find it helpful in understanding Rule 502."