Clawback

There are few things more dreaded in discovery than the time-consuming, tedious, onerous, beastly privilege log – especially in complex litigation matters involving thousands of pages of documents. These logs, however, are a critical component of the E-Discovery process that requires careful attention to detail in planning, analysis, and preparation. In this blog post, we will explain what a privilege log is, discuss the various types of privilege logs, recommend pre-privilege review strategies, and address post-submission concerns.

One of the greatest fears in any litigation matter is that you will somehow accidentally produce work product or attorney-client privileged documents to the opposing side and waive the privilege. As a result, it has become standard protocol for parties to enter into clawback agreements that protect sensitive electronically stored information (ESI). Clawback agreements allow parties to agree that the inadvertent production of privileged information will not automatically waive the privilege and provide a process for the return or destruction of that privileged material.