More news on: Faculty News, Prof. Richard Reuben

Professor Reuben Publishes Article in Boston College Law Review

March 30th, 2018

The Boston College Law Review recently published an article by Professor Richard Reuben. “Rethinking the Rule of Legal Negotiations: Confidentiality under Federal Rule 408 and Related State Laws,” 59 Boston College Law Review 523 (2018), considers the need to revise Federal Rule 408 in light of the many exceptions to the rule, as well as changes in legal negotiation since it was enacted in 1975. Rule 408 and related state laws bar the introduction of statements made during negotiations, and courts have evolved from a narrow presumption of inadmissibility to a simpler rule giving courts more deference to admit such evidence. Reuben’s article argues that Rule 408 needs to be elevated from its status as a “quasi-privilege” to a full and formal privilege at the federal level in order to protect clients’ interests in legal negotiations.

Tags: , ,