S. 2450: A bill to amend the Federal Rules of Evidence to address the waiver of the attorney-client privilege and the work product doctrine.

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S. 2450: A bill to amend the Federal Rules of Evidence to address the waiver of the attorney-client privilege and the work product doctrine.

110th Congress · introduced 2007-12-11 · Law · Latest: Became Public Law No: 110-322.

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Official title

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

Plain summary

(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.

Congressional Research Service summary (Public Law), quoted unchanged (nonpartisan). Read the source.

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The strongest published arguments

Alternatives

Needs sources: no published alternatives yet (for example a different bill, a law instead of an amendment, or keeping current law). We only show items backed by a published source. Suggest one.

How did my representative vote? · This bill's floor votes

Officials and money

Sponsor: Sen. Leahy, Patrick J. [D-VT] · 2 cosponsors

Cost estimate: CBO cost estimate: S. 2450, A bill to amend the Federal Rules of Evidence to address the waiver of the attorney-client privilege and work product doctrine (2008-02-22); CBO cost estimate: S. 2450, A bill to amend the Federal Rules of Evidence to address the waiver of the attorney-client privilege and work product doctrine (2008-02-22)

Cosponsors on this site

No linked floor roll calls in our collected records yet. This does not mean the bill has never had a vote. Check the official bill history.

Sources

• Congressional Research Service summary (Public Law)
• Congress.gov
• Data: GovInfo BILLSTATUS bulk data (Library of Congress), BILLSTATUS-110s2450.xml <https://www.govinfo.gov/bulkdata/BILLSTATUS/110/s>

Record fed-us-cong110-s2450 · catalog fed-us-congress-bills-cong110 · updated 2026-11-15 by psicol fed-bills-cong110