Prowess, Inc. v. Raysearch Labs. AB, No. WDQ-11-1357, 2013 WL 1976077 (D. Md. May 9, 2013)

Key Insight: Pursuant to FRE 502(b), the court found privilege had not been waived where production of the at-issue document was inadvertent (instead of producing certain documents within a sub-folder, the whole folder was mistakenly produced), where reasonable steps were taken to prevent the disclosure (trained and supervised contract attorneys conducted privilege review and only 16 of 60,000 documents were inadvertently produced) and where reasonable and prompt steps were taken to rectify the error (plaintiff contacted defendant the day after it learned of the inadvertent production)

Electronic Data Involved: ESI (infringement analysis)

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