12 2 STA T .35 3 8PUBLIC LA W 11 0– 322 — S E PT. 1 9, 2008 LEGIS L AT I V E H IST ORY— S .2450: SE N ATE RE P ORTS: N o . 1 10 – 2 6 4 (C o m m.o ntheJudic i ary) . CONGRESSIONAL RECOR D, Vo l . 154 (200 8 ): F e b .2 7 , con s idered and p assed Senate. Sept. 8, considered and passed House. ‘ ‘ (d)CONTR O L L I N GEF F EC TOF A CO U RT O R D ER .—AFe de ralcou r tm a y order t h at the p r iv ile g e or protectio n i s not w aived b y disclo - sure connected with the litigation pending be f ore the court—in which event the disclosure is also not a waiver in any other Federal or S tate proceeding. ‘‘(e) CONTROLLING EFFECT OF A P ART Y AGREE M ENT.—An agree- ment on the effect of disclosure in a Federal proceeding is binding only on the parties to the agreement , unless it is incorporated into a court order. ‘‘(f) CONTROLLING EFFECT OF TH I SR ULE.— N otwithstanding Rules 10 1 and 1101, this rule applies to State proceedings and to Federal court-anne x ed and Federal court-mandated arbitration proceedings, in the circumstances set out in the rule. And notwith- standing Rule 5 01, this rule applies even if State law provides the rule of decision. ‘‘(g) D EFINITIONS.— I n this rule
‘‘(1) ‘attorney-client privilege ’ means the protection that applicable law provides for confidential attorney-client commu- nications
and ‘‘( 2 ) ‘wor k -product protection’ means the protection that applicable law provides for tangible material (or its intangible e q uivalent) prepared in anticipation of litigation or for trial.’’. (b) TECHNICAL AND CONFORMING CHANGES.—The table of con- tents for the Federal Rules of Evidence is amended by inserting after the item relating to rule 501 the following: ‘ ‘502. Attorney - client pri v ile g e and w or k -product doctrine
limitations on waiver. ’ ’. (c) EFFECTI V E DATE.—The amendments made by this Act shall apply in all proceedings commenced after the date of enactment of this Act and, insofar as is j ust and practicable, in all proceedings pending on such date of enactment. Approved September 1 9 , 200 8 . 28USCap p .
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