A bill to amend the Federal Rules of Evidence to address the waiver of the attorney-client privilege and the work product doctrine.

Bill: 110-s-2450
Sponsor: Sen. Leahy, Patrick J. [D-VT]
Introduced: 2007-12-11 in the Senate
Policy area: Law
Subjects: Attorney-client privilege
Evidence (Law)
Government Operations and Politics
State courts
State laws

Summary:
action_date: 2007-12-11
text: 
Amends the Federal Rules of Evidence with respect to the disclosure of a communication or information covered by the attorney-client privilege and work product protection.
 
Provides that, when such a disclosure is made in a federal proceeding or to a federal office or agency, and waives the attorney-client privilege or work-product protection, the waiver extends to an undisclosed communication or information in a federal or state proceeding only if: (1) the waiver is intentional; (2) the disclosed and undisclosed communications or information concern the same subject matter; and (3) they ought in fairness to be considered together.
 
States that, when the disclosure is made in a federal proceeding or to a federal office or agency, it does not operate as a waiver in a federal or state proceeding if: (1) the disclosure is inadvertent; (2) the holder of the privilege or protection took reasonable steps to prevent disclosure; and (3) the holder promptly took reasonable steps to rectify the error.
 
Declares that, when the disclosure is made in a state proceeding and is not the subject of a state-court order concerning waiver, it does not operate as a waiver in a federal proceeding if the disclosure: (1) would not be a waiver under this rule if it had been made in a federal proceeding; or (2) is not waived under law of the state where the disclosure occurred.

action_date: 2008-02-25
text: 

(This measure has not been amended since it was introduced. The summary of that version is repeated here.)

Amends the Federal Rules of Evidence with respect to the disclosure of a communication or information covered by the attorney-client privilege and work product protection.

Provides that, when such a disclosure is made in a federal proceeding or to a federal office or agency, and waives the attorney-client privilege or work-product protection, the waiver extends to an undisclosed communication or information in a federal or state proceeding only if: (1) the waiver is intentional; (2) the disclosed and undisclosed communications or information concern the same subject matter; and (3) they ought in fairness to be considered together.
 
States that, when the disclosure is made in a federal proceeding or to a federal office or agency, it does not operate as a waiver in a federal or state proceeding if: (1) the disclosure is inadvertent; (2) the holder of the privilege or protection took reasonable steps to prevent disclosure; and (3) the holder promptly took reasonable steps to rectify the error.
 
Declares that, when the disclosure is made in a state proceeding and is not the subject of a state-court order concerning waiver, it does not operate as a waiver in a federal proceeding if the disclosure: (1) would not be a waiver under this rule if it had been made in a federal proceeding; or (2) is not waived under law of the state where the disclosure occurred.

action_date: 2008-02-27
text: 

(This measure has not been amended since it was introduced. The summary of that version is repeated here.)

 
Amends the Federal Rules of Evidence with respect to the disclosure of a communication or information covered by the attorney-client privilege and work product protection.
 
Provides that, when such a disclosure is made in a federal proceeding or to a federal office or agency, and waives the attorney-client privilege or work-product protection, the waiver extends to an undisclosed communication or information in a federal or state proceeding only if: (1) the waiver is intentional; (2) the disclosed and undisclosed communications or information concern the same subject matter; and (3) they ought in fairness to be considered together.
 
States that, when the disclosure is made in a federal proceeding or to a federal office or agency, it does not operate as a waiver in a federal or state proceeding if: (1) the disclosure is inadvertent; (2) the holder of the privilege or protection took reasonable steps to prevent disclosure; and (3) the holder promptly took reasonable steps to rectify the error.
 
Declares that, when the disclosure is made in a state proceeding and is not the subject of a state-court order concerning waiver, it does not operate as a waiver in a federal proceeding if the disclosure: (1) would not be a waiver under this rule if it had been made in a federal proceeding; or (2) is not waived under law of the state where the disclosure occurred.

action_date: 2008-09-08
text: 

(This measure has not been amended since it was introduced. The summary of that version is repeated here.)

 
Amends the Federal Rules of Evidence with respect to the disclosure of a communication or information covered by the attorney-client privilege and work product protection.
 
Provides that, when such a disclosure is made in a federal proceeding or to a federal office or agency, and waives the attorney-client privilege or work-product protection, the waiver extends to an undisclosed communication or information in a federal or state proceeding only if: (1) the waiver is intentional; (2) the disclosed and undisclosed communications or information concern the same subject matter; and (3) they ought in fairness to be considered together.
 
States that, when the disclosure is made in a federal proceeding or to a federal office or agency, it does not operate as a waiver in a federal or state proceeding if: (1) the disclosure is inadvertent; (2) the holder of the privilege or protection took reasonable steps to prevent disclosure; and (3) the holder promptly took reasonable steps to rectify the error.
 
Declares that, when the disclosure is made in a state proceeding and is not the subject of a state-court order concerning waiver, it does not operate as a waiver in a federal proceeding if the disclosure: (1) would not be a waiver under this rule if it had been made in a federal proceeding; or (2) is not waived under law of the state where the disclosure occurred.

action_date: 2008-09-19
text: 

(This measure has not been amended since it was introduced. The summary of that version is repeated here.)

 
Amends the Federal Rules of Evidence with respect to the disclosure of a communication or information covered by the attorney-client privilege and work product protection.
 
Provides that, when such a disclosure is made in a federal proceeding or to a federal office or agency, and waives the attorney-client privilege or work-product protection, the waiver extends to an undisclosed communication or information in a federal or state proceeding only if: (1) the waiver is intentional; (2) the disclosed and undisclosed communications or information concern the same subject matter; and (3) they ought in fairness to be considered together.
 
States that, when the disclosure is made in a federal proceeding or to a federal office or agency, it does not operate as a waiver in a federal or state proceeding if: (1) the disclosure is inadvertent; (2) the holder of the privilege or protection took reasonable steps to prevent disclosure; and (3) the holder promptly took reasonable steps to rectify the error.
 
Declares that, when the disclosure is made in a state proceeding and is not the subject of a state-court order concerning waiver, it does not operate as a waiver in a federal proceeding if the disclosure: (1) would not be a waiver under this rule if it had been made in a federal proceeding; or (2) is not waived under law of the state where the disclosure occurred.
 

 


Legislative actions:
action_date: 2008-09-19
text: Became Public Law No: 110-322.
action_date: 2008-09-19
text: Became Public Law No: 110-322.
action_date: 2008-09-19
text: Signed by President.
action_date: 2008-09-19
text: Signed by President.
action_date: 2008-09-11
text: Presented to President.
action_date: 2008-09-11
text: Presented to President.
action_date: 2008-09-08
text: Cleared for White House.
action_date: 2008-09-08
text: Motion to reconsider laid on the table Agreed to without objection.
action_date: 2008-09-08
text: On motion to suspend the rules and pass the bill Agreed to by voice vote. (text: CR H7817)
action_date: 2008-09-08
text: Passed/agreed to in House: On motion to suspend the rules and pass the bill Agreed to by voice vote.(text: CR H7817)
action_date: 2008-09-08
text: DEBATE - The House proceeded with forty minutes of debate on S. 2450.
action_date: 2008-09-08
text: Considered under suspension of the rules. (consideration: CR H7817-7820)
action_date: 2008-09-08
text: Ms. Jackson-Lee moved to suspend the rules and pass the bill.
action_date: 2008-02-28
text: Referred to the House Committee on the Judiciary.
action_date: 2008-02-28
text: Message on Senate action sent to the House.
action_date: 2008-02-28
text: Received in the House.
action_date: 2008-02-27
text: Passed Senate without amendment by Unanimous Consent. (consideration: CR S1317-1319; text as passed Senate: CR S1318-1319)
action_date: 2008-02-27
text: Passed/agreed to in Senate: Passed Senate without amendment by Unanimous Consent.(consideration: CR S1317-1319; text as passed Senate: CR S1318-1319)
action_date: 2008-02-25
text: Placed on Senate Legislative Calendar under General Orders. Calendar No. 580.
action_date: 2008-02-25
text: Committee on the Judiciary. Reported by Senator Leahy without amendment. With written report No. 110-264.
action_date: 2008-02-25
text: Committee on the Judiciary. Reported by Senator Leahy without amendment. With written report No. 110-264.
action_date: 2008-01-31
text: Committee on the Judiciary. Ordered to be reported without amendment favorably.
action_date: 2007-12-11
text: Read twice and referred to the Committee on the Judiciary. (text of measure as introduced: CR S15142)
action_date: 2007-12-11
text: Sponsor introductory remarks on measure. (CR S15141-15142)
action_date: 2007-12-11
text: Introduced in Senate

Enacted as: number: 110-322