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ABA Section of Litigation Annual Conference, April 21 – 23, 2010 Asserting and Defeating Claims of Waiver Recent Judicial Treatment of “Inadvertence” Under New Federal Rule of Evidence 502 Neera G. Makwana, Esq. Arnall Golden Gregory LLP Atlanta, Georgia A. Introduction The new Federal Rule of Evidence 502 adds much clarity and uniformity to the treatment of waiver. . But while Federal Rule 502(b) specifically mentions inadvertent disclosure, it fails to define this term or outline the factors to...

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