Intro to the Federal Rules of Evidence - 19

B. GENERAL CONSIDERATIONS
1. Specific relationship
2. Holder
3. Confidentiality
4. Waiver

C. FRE 502 – LIMITATIONS ON WAIVER
1. Two major purposes
1) It resolves some longstanding disputes in the courts about the effect of certain disclosures of communications or information protected by the attorney-client privilege or as work product — specifically those disputes involving inadvertent disclosure and subject matter waiver.

2) It responds to the widespread complaint that litigation costs necessary to protect against waiver of attorney-client privilege or work product have become prohibitive due to the concern that any disclosure (however innocent or minimal) will operate as a subject matter waiver of all protected communications or information. This concern is especially troubling in cases involving electronic discovery.
(ACN)

2. Summary of each subsection
(a) waiver limited to the disclosed party
(b) no waiver if inadvertently disclosed & reasonable steps taken
(c) apply more protective law between state and federal law
(d) once protection order, forever protection order
(e) an agreement for the parties only, part of an order against every one.
(f) if protected against waiver in federal court, then protected in state court.