As seen in the LA Daily Journal: Managing Regret: Rule 502, the Disclosure of Privileged Material and Clawbacks
You have reviewed terabytes of electronic data for production in response to a government subpoena. It’s 3 A.M. and dread suddenly consumes you. You realize that your team has produced countless pages of attorney-client privileged communications in its haste to comply with unappeasable prosecutors. You wish that you had effectively made use of Federal Rule of Evidence 502. You wish that you had a clawback agreement with clawback provisions in place. You wish that you did not regret producing privileged materials to your adversary who could jail your client and take all of your client's money.
How do you manage the risk of producing privileged material to an adversary?
Download the full article as seen in the LA Daily Journal below.
Vedder Thinking | Articles As seen in the LA Daily Journal: Managing Regret: Rule 502, the Disclosure of Privileged Material and Clawbacks
Article
September 18, 2019
You have reviewed terabytes of electronic data for production in response to a government subpoena. It’s 3 A.M. and dread suddenly consumes you. You realize that your team has produced countless pages of attorney-client privileged communications in its haste to comply with unappeasable prosecutors. You wish that you had effectively made use of Federal Rule of Evidence 502. You wish that you had a clawback agreement with clawback provisions in place. You wish that you did not regret producing privileged materials to your adversary who could jail your client and take all of your client's money.
How do you manage the risk of producing privileged material to an adversary?
Download the full article as seen in the LA Daily Journal below.