How To Inadvertently Lose Privilege

A recent patent case in federal district court in Minnesota serves as a practical reminder about how to ensure privileged documents remain privileged, explains Fredrikson & Byron attorney Nikola L. Datzov. That case essentially lays out two ways in which privilege can be lost. They involve Federal Rule of Evidence 502, under which certain limited disclosures of privileged documents may lead to a broader waiver of all documents pertaining to the same subject matter: