E-discovery clawback agreements: 5 points

E-Discovery and Technology

By Chad Main

Chad Main is an attorney and the founder of Percipient, a legal technology and e-discovery company focusing on managed document review (percipient.co). Prior to founding Percipient, Main worked as a litigator in both Los Angeles and Chicago. He may be reached at cmain@percipient.co.

Posted April 27, 2015 3:04 PM

In response to the volume of information parties must review and produce in modern litigation (especially electronically stored information, or ESI), the Supreme Court and Congress added a federal rule of evidence in 2008 which permits parties to “claw back” attorney work-product or attorney-client privileged information inadvertently produced during discovery.In 2013, Illinois followed suit and amended Supreme Court Rule 201(p) to require the return of inadvertently produced privileged information and added …

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