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

Became Public Law No: 110-322.

Official summary

Version 49 · Public Law · Sep 19, 2008

(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.

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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.

Read the summary on Congress.gov
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Who introduced it

Sen. Leahy, Patrick J. [D-VT] · D–VT

Committees

  • Judiciary Committee
  • Judiciary Committee
2 cosponsorship records, including any withdrawals

Actions

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  1. Became Public Law No: 110-322.

  2. Became Public Law No: 110-322.

  3. Signed by President.

  4. Signed by President.

  5. Presented to President.

  6. Presented to President.

  7. Cleared for White House.

  8. Motion to reconsider laid on the table Agreed to without objection.

  9. On motion to suspend the rules and pass the bill Agreed to by voice vote. (text: CR H7817)

  10. Passed/agreed to in House: On motion to suspend the rules and pass the bill Agreed to by voice vote.(text: CR H7817)

  11. DEBATE - The House proceeded with forty minutes of debate on S. 2450.

  12. Considered under suspension of the rules. (consideration: CR H7817-7820)

  13. Ms. Jackson-Lee moved to suspend the rules and pass the bill.

  14. Referred to the House Committee on the Judiciary.

  15. Message on Senate action sent to the House.

  16. Received in the House.

  17. Passed Senate without amendment by Unanimous Consent. (consideration: CR S1317-1319; text as passed Senate: CR S1318-1319)

  18. Passed/agreed to in Senate: Passed Senate without amendment by Unanimous Consent.(consideration: CR S1317-1319; text as passed Senate: CR S1318-1319)

  19. Placed on Senate Legislative Calendar under General Orders. Calendar No. 580.

  20. Committee on the Judiciary. Reported by Senator Leahy without amendment. With written report No. 110-264.

  21. Committee on the Judiciary. Reported by Senator Leahy without amendment. With written report No. 110-264.

  22. Committee on the Judiciary. Ordered to be reported without amendment favorably.

  23. Read twice and referred to the Committee on the Judiciary. (text of measure as introduced: CR S15142)

  24. Sponsor introductory remarks on measure. (CR S15141-15142)

  25. Introduced in Senate

Bill text & related measures

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Related bills identified by Congress.gov

Source last updated: Aug 10, 2026. Consult Congress.gov for the current record.

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Neutral evidence review

Objective

Analyze S.2450 as objectively as possible. Explain its main provisions, who would be affected, possible benefits and harms, implementation, exceptions, and uncertainties. Present the strongest arguments for and against it, and identify evidence needed to assess its public impact.

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Fairness and public impact

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