Clark Cnty. v Jacobs Facilities, Inc., No. 2:10-cv-00194-LRH-PAL, 2012 WL 4609427 (D. Nev. Oct. 1, 2012)

Key Insight: Despite inadvertently producing (or discussing without objection) the at-issue document as many as times thirteen times, the court found that privilege was not waived where the parties stipulated that inadvertent production would not result in waiver and where the analysis under Fed R Evid 502 resulted in a finding that reasonable steps were taken to prevent disclosure, including key word searches for privileged documents, and that prompt steps were taken to secure the document?s return upon defendant learning of the inadvertent production; notably, it appeared that the document was not identified either because it was labeled ?client-attorney? rather than ?attorney-client?

Nature of Case: Alleged gross mismanagement of construction project result in significant costs to plaintiff

Electronic Data Involved: ESI