Extract to table

Where a Receiving Party has retained experts, consultants, or third-party vendors who obtain access to produced materials, such experts, consultants, or vendors shall be deemed agents of the Receiving Party for purposes of this Stipulation and Order

No inadvertent production shall be deemed to effect a subject-matter waiver under Federal Rule of Evidence 502(a) or under any analogous provision of state law

Upon discovering or being informed that Privileged Material has been inadvertently produced in connection with this litigation, the Producing Party shall promptly notify the Receiving Party in writing that Privileged Material has been produced and shall identify with reasonable specificity the documents or ESI to be clawed back

Written notification by electronic mail to counsel of record for the Receiving Party shall be sufficient for purposes of this provision

The clawback notice shall also state the privilege or protection asserted with respect to each identified document or category of documents

If the Receiving Party elects to destroy copies rather than return them, the Receiving Party shall provide written certification of destruction to the Producing Party