Ethics in the Law, Washington State Bar News: New FRCP 26(f)(4) also encourages the use of so-called “claw back” agreements (either by informal agreement or stipu- lated order), under which inadvertently produced confidential material can be “clawed back” by the producing party under specified conditions. The Advisory Committee Notes accompanying these changes emphasize that the intent is not to create a “free pass” for inadvertent production. They highlight, however, that inadvertent production is becoming more common as document production has increasingly evolved from paper cor- respondence to e-mail and the cost of con- structing privilege screens has increased in tandem. The Advisory Committee observed that the new rules are an at- tempt to provide an orderly framework for resolving inadvertent production issues. Both the new rules and the accompanying Advisory Committee Notes are available on the federal judiciary’s website at uscourts.gov/rules.
Posted on: Wed, 26 Mar 2014 17:31:37 +0000
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