Clawback agreements were authorized by the new amendments to the Federal Rules of Civil Procedure because the complicated nature of ESI makes the inadvertent revelation of privileged information more likely.

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Clawback agreements were authorized by the new amendments to the Federal Rules of Civil Procedure to address the increased risk of inadvertent disclosure of privileged information caused by the volume and complexity of electronically stored information (ESI).

Clawback Agreements Were Authorized by the New Amendments to the Federal