The Decade of Discovery

The Decade of Discovery is a documentary of events that took place at The White House and in U.S. Courts (circa 2002-2012). It's the story of a government attorney on a quest to find a better way to search White House e-mail and a teacher who took a stand for civil justice on the electronic frontier. Together, they sparked a revolution. 

Federal Rule of Evidence 502 was signed into law on September 19, 2008.  Rule 502 contains four principal provisions.

  • The first provision codifies the view of the majority of courts that inadvertent disclosure of privileged or protected information ordinarily does not waive the privilege or protection.
  • The second provision limits the scope of a privilege waiver in most instances to the disclosed document, rather than to all documents dealing with the same subject matter as the disclosed document.
  • The third provision permits a federal court to issue an order that protects against waiver of the attorney-client privilege or the work product protection despite a party’s voluntary, and even intentional, disclosure of such protected or privileged information. This was widely viewed as a fairly radical change in the law of privilege.
  • The fourth provision permits parties in a federal proceeding to enter into an agreement that disclosure of privileged or protected information by one party to another shall not constitute a waiver for purposes of that proceeding.