I'm still waiting on ATi to release a hotfix, i was working with them until they managed to recreate the issue in-house, and they said they will open a knowledgebase article when
they have a fix but it looks to be quite a nasty issue to fix so i think we'll have to wait until ccc9.1 is out in January.
If you have 4850s you can try the 4850 hotfix
here but that is only meant to work on 4850s experiencing trouble, if you have a 3870 based chip and are getting the error this won't fix it
I'll post in the forums here under the ati sub section in graphics cards if/when i see a fix is available.