The provision provides a process for a producing party to recover information that was inadvertently produced when it was in fact privileged.

Question

Quizplus · Accepted Answer

The provision referred to is commonly known as a clawback agreement, which allows a producing party to request the return of inadvertently disclosed privileged information. This is typically done through a court order or agreement between parties. Option B (redaction) refers to the act of blacking out or censoring certain information from a document, which is different from a clawback provision. Option C (recovery) is too generic and does not specifically refer to the process for recovering inadvertently produced privileged information. Option D (legacy) is not relevant to the context of legal document production. Option E (safe harbor) refers to a different provision in eDiscovery that protects a party from sanctions if they have made a genuine effort to preserve potentially relevant information.

The Provision Provides a Process for a Producing Party to Recover