President Signs New Federal Rule of Evidence on Attorney-Client Privilege

President Bush signed new Federal Rule of Evidence 502, S. 2450, into law on September 19, 2008. The rule applies to the inadvertent disclosure in discovery of information protected by the attorney-client privilege and work-product doctrine. Check out the very good Federal Evidence Blog for the text of the rule, analysis and links, including this one to Statement of Congressional Intent Regarding Rule 502 of the Federal Rules of Evidence (154 Cong. Rec. H7818-H7819 (Sept. 8, 2008)).

Virginia Supreme Court has struck down the state’s anti-spam law

The Virginia Supreme Court has struck down the state’s anti-spam law for violating the First Amendment because it bars anonymous transmission of political, religious and other speech protected by the First Amendment and fails to limit its restrictions to fraudulent or commercial e-mail or to unprotected speech such as defamation or obscenity. Writing for the court, Justice G. Steven Agee observed, “were the Federalist Papers just being published today via e-mail, that transmission by ‘Publius’ would violate the statute” because it bars anonymous transmissions. Read the opinion here.

Virginia Circuit Court Judge’s Book Added to Escape Hatch Collection

Virginia’s Circuit Court Judge Martin Clark’s newest novel The Legal Limit has been added to the Escape Hatch Collection. The Washington Post called the book “a compelling legal thriller” and the New York Times has referred to the author as “the thinking man’s John Grisham”. Check out The Legal Limit and Clark’s earlier work Plain Heathen Mischief from the Escape Hatch.