The following aritcle, Inadvertent Disclosure Part II: Strategies to Avoid Waiver Under Federal Rule of Evidence 502, is an exclusive contribution to the ACEDS Expert’s Corner, a collection of e-discovery articles and white papers authored by leading organizations and practitioners around the world. To submit a piece for editorial review, please contact Robert Hilson at email@example.com.
In Part I of this article, we examined certain provisions of Federal Rule of Evidence 502 (FRE 502) in relation to inadvertent disclosure and gauging “reasonable standards of care.” In this Part II, we offer some practical strategies litigants “in the trenches” can employ to help minimize the risk of inadvertent disclosure. These are not the only potential strategies. We have highlighted those that are most likely to apply to the majority of cases.