To protect and retrieve inadvertently disclosed confidential or privileged materials:

Question

Quizplus · Accepted Answer

Including a claw-back provision in the discovery plan allows for the retrieval of inadvertently disclosed materials. This provision permits the parties to retrieve items inadvertently disclosed that they would have withheld from production on the grounds of privilege or confidentiality. It provides a mechanism for the parties to confer and work together to fix the problem, rather than immediately filing a motion for a protective order or resorting to litigation.

To Protect and Retrieve Inadvertently Disclosed Confidential or Privileged Materials