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ABA Section of Litigation Annual Conference, April 21 – 23, 2010 Asserting and Defeating Claims of Waiver The Impact of Rule 502(d) on Protective Orders Gregory P. Joseph, Esq.i Gregory P. Joseph Law Offices LLC New York, New York On September 19, 2008, the President signed into law Federal Rule of Evidence 502 (Attorney-Client Privilege and Work Product; Limitations on Waiver). It applies to previously-filed cases in the discretion of the trial judge and to all cases filed on and after September...

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