Fordham Law

Fordham Law Professor Helps Author New Federal Rule

September 18, 2008

Fordham Law Professor Daniel Capra was the principal author of a Federal Rule of Evidence recently passed by Congress. Rule 502 provides protections to parties with privileged information who unintentionally disclose privileged material. It also allows the parties to seek protection from a court for the costs of preproduction privilege review.

"The most important aspect of the rule is that parties to litigation with a lot of electronic discovery—which is just about all litigation today—can limit the cost of privilege review by getting a court order," said Capra, Reed Professor of Law at Fordham. "The order will provide certainty and protection against efforts to find waiver in subsequent litigation and a way for parties to finally act with some predictability."

Capra is reporter to the Judicial Conference Advisory Committee on the Federal Rules of Evidence. He also served as the point person for any Congressional questions or concerns regarding the rule and participated in several meetings with Judiciary Committee staff members to get the rule passed.

The rule was passed unanimously by the House of Representatives on September 8 and has been sent to President Bush, who is expected to sign it into law by the end of the month.


Contact: Stephen Eichinger