The Law of

Whistleblowing

Washington University – Fall 2014

class # 24

Issues

Rules of Professional Conduct

Attorney-Client Privilege

May Cabrazzo share info with her L

?

May Cabrazzo use info

in her lawsuit?

May you copy: - entire hard drive - 11 GB of data - subset of data ?

“Inadvertent”Disclosure

Options:nothing

consult w/ Ccopy & use

notify Dseek court guidance

Fed R Civ Proc 26(b)(5)(B)

sender - notify recipient - explain basis re: priv

Fed R Civ Proc 26(b)(5)(B)

recipient - return / sequester / destroy info - don’t use until waiver determination

Fed R Civ Proc 26(b)(5)(B)

protectiontriggered

bysender’snotice

Fed R Civ Proc 26(b)(5)(B)

noprotection

outside of

discovery

Privilege Waiver

3approaches

Privilege Waiver

strict:any disclosure

Privilege Waiver

lenient:only intended

waiver

Privilege Waiver

middle / balancing:

Fed R Evid 502(b)

no waiver if - inadvertent - took reasonable steps to prevent disclosure - promptly rectified error

Model Rule 4.4(b)

If L knows /

reasonably shd know that

doc inadvertently sent,then notify sender

DoD Instruction1332.30

Separation of Officers

 

29 USC § 215(a)(3) “. . . unlawful for any person . . . to discharge or in any other manner discriminate against any employee because such employee has filed any complaint or instituted or caused to be instituted any proceeding under or related to this chapter . . .”