On September 19, 2008, the President signed into law S. 2450, a bill adding new Evidence Rule 502 to the Federal Rules of Evidence.  This rule codifies waiver of privilege and work product protection by disclosure, and includes exceptions to such waiver.

New Evidence Rule 502 will apply in all proceedings commenced after the date of enactment and, insofar as is just and practicable, in all proceedings pending on such date of enactment.  A copy of the proposed rule with modifications is available at http://frwebgate.access.gpo.gov/cgi-bin/getdoc.cgi?dbname=110_cong_public _laws&docid=f:publ322.pdf (last visited on February 10, 2009).