Federal Rule of Evidence 502(b), inadvertent disclosure of privileged material (Fed. R. Evid. 502(b))
The rule only rescues inadvertent disclosures made in a federal proceeding or to a federal agency, and only where reasonable steps were taken. A deliberate commercial transfer of mailboxes to an AI licensee is neither, so privileged legal advice left in the corpus risks waiver: privileged and work-product messages have to be identified and removed before any transfer.
Dated 17 Oct 2026Source checked 17 Oct 2026Basis: primary text
In the source's own words
“(b) Inadvertent Disclosure. When made in a federal proceeding or to a federal office or agency, the disclosure 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”
Where it was read
Figures it counts in
It is shown on its own, not counted into a figure.
Cited in this guide