'Inadvertent disclosure' standards taking shape in wake of federal rule

Designed to reduce the cost of privilege review, Federal Rule of Evidence 502 protects against the waiver of attorney-client privilege in the event disclosure of electronic and other records is inadvertent and the producing party took "reasonable" measures to prevent disclosure and correct errors. Since its September 2008 promulgation, federal courts have dealt with the rule on a case-by-case basis, deciding whether a party waived or maintained the privilege, looking at the context of the disclosure and the language of the protective orders that may have been in place. The ACEDS chart highlights recent federal court e-discovery cases in which the rule came into play. 

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