Technology, when properly applied, has the ability to rapidly increase the rate of productivity exponentially. When technology is improperly utilized, however, small mistakes can have large scale effects – particularly when dealing with the inadvertent disclosure of privileged documents. Clawback and quick-peek agreements may help buffer the risk, but are only partially effective. And without proper steps to maintain privilege, courts may find it has been unintentionally waived.

• Amersham Biosciences Corp. v. PerkinElmer, Inc., 2007 U.S. Dist. LEXIS 6841 (D.N.J. Jan. 31, 2007)
• Gail v. New England Gas Co., 243 F.R.D. 28 (D. R.I. June 27, 2007).
• In re eBay Seller Antitrust Litigation, 2007 WL 2852364 (N.D. Cal. Oct. 2, 2007)
• Marrer Hernadez v. Esso Standard Oil Company, 2006 WL 1967364 (D. P.R. July 11, 2006).
• Muro v. Target Corporation, 243 F.R.D. 301 (N.D. Ill. June 7, 2007).
• Victor Stanley, Inc. v. Creative Pipe, Inc., 2008 WL 2221841 (D. Md. May 29, 2008)

How Fios can Help

Fios helps clients maintain privilege throughout the lifecycle of a matter. We assist clients in 26(f) meet and confer preparation, where mechanisms to protect privilege and clawback agreements are established. We also help prevent inadvertent disclosure through the establishment of production controls, sound review strategies, and application of best practices.

Click here to learn more about our services >