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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/ C 
copy & use 
notify D 
seek 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) 
protection 
triggered 
by 
sender’s 
notice
Fed R Civ Proc 26(b)(5)(B) 
no 
protection 
outside 
of 
discovery
Privilege Waiver 
3 
approaches
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 Instruction 
1332.30 
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 . . .”

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Law of whistleblowing class # 24