Extract to table

This agreement, modeled on the principles of Federal Rule of Evidence 502(d), will provide that the inadvertent production of documents protected by the attorney-client privilege or work product doctrine shall not constitute a waiver of those protections, and that any such documents may be clawed back upon identification without prejudice

The agreement will typically include the following key provisions: • A statement that the production of documents or information in the course of responding to the Second Request shall not constitute a waiver of any applicable privilege, including but not limited to the attorney-client privilege and the work product doctrine; • A mechanism for the producing party to notify the FTC upon discovery of any inadvertently produced privileged material, and an obligation on the FTC to promptly return, sequester, or destroy all copies of the identified material; • A provision that any dispute regarding the privilege status of a clawed-back document shall be resolved by the appropriate court; and • Reciprocal provisions applicable to any documents produced by FTC staff (to the extent applicable)