Key Insight: 400 non-responsive documents were inadvertently produced, but since it was within the agreed-upon timeframe for clawbacks and the judge ruled that since the docs had been gathered by the lawyer in anticipation of legislation, they were work-product and thus protected. Further, some privileged documents in another section of the case were exposed and thus waived.

Electronic Data Involved: unspecified documents

Keywords: Clawback, inadvertent disclosure, inadvertent production,

Leave a Reply

Your email address will not be published. Required fields are marked *

You may use these HTML tags and attributes: <a href="" title=""> <abbr title=""> <acronym title=""> <b> <blockquote cite=""> <cite> <code> <del datetime=""> <em> <i> <q cite=""> <s> <strike> <strong>

Copyright © 2022, K&L Gates LLP. All Rights Reserved.