Credit: Blackboard/Shutterstock How to Lose a Privilege In 10 Steps (Or Fewer): Recent Case Clarifies Scope of FRE 502(d) and Marital Privilege
The latest opinion in the discovery saga of DR Distributors reflects the limits of orders under Federal Rule of Evidence 502(d), application of marital communications privilege, and some cautionary lessons about inconsistent redactions and defending a privilege review process.
July 28, 2022 at 01:30 PM
6 minute read
The DR Distributors matter (N.D. Ill.) is already famous for providing a few recent illustrations of what not to do in e-discovery. Now the latest opinion in this discovery saga, from Judge Iain Johnston, filed July 22, 2022, reflects the limits of orders under Federal Rule of Evidence 502(d), application of marital communications privilege, and some cautionary lessons about inconsistent redactions and defending a privilege review process generally.
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