Trying to claw back emails that were handed over during discovery although they are allegedly protected by the marital privilege, Brent Duke relied on Federal Rule of Evidence 502. It didn’t work.This was the second big blunder by Duke and the other defendant, 21 Century Smoking Inc., during unfair-competition litigation with DR Distributors LLC. (District Judge Iain D. Johnston’s Jan. 19, 2021, opinion in DR Distributors v. 21 Century Smoking — on discovery of electronically stored information (ESI) — was the subject of …