http://law.bepress.com/cgi/viewcontent.cgi?article=6665&context=expresso

(b) Any such rule creating, abolishing, or modifying an evidentiary privilege shall have no force or effect unless approved by Act of Congress.

http://www.uscourts.gov/rules/rulesenablingact.html

Did Moore, "[take] reasonable precautions to prevent disclosure and [2] [take] reasonably. prompt measures, once the holder knew or should have known of the disclosure,?

If the answer is "Yes" then Higgins will not be allowed.

Be well