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Inadvertent Disclosure: Are Clawbacks Allowed? Avoiding Privilege Waiver in E-Discovery

American Bar Association Section of Litigation and Center for Professional Development
May 28, 2013

Are you doing everything you can to protect your clients' secrets?  In this electronic age of litigation, unintentional disclosure of privileged information and documents is increasingly becoming the norm.  Courts around the country are responding by increasingly finding a waiver of the privilege, unless the disclosing lawyer can show that "reasonable precautions" were taken.  This practical tips interactive program will focus on the best practices to avoid that waiver finding.  Among other things, we will discuss how to conduct a search and electronically produce documents that will ultimately be protected, the need for speed when you discover a privileged document was produced, what to do to avoid disqualification when you are on the receiving end of a privileged document, and how to inoculate against waiver through the mitigating use of clawback agreements.   

Program Faculty:

Date: Tuesday, May 28, 2013

Format: Live Webinar and Teleconference

Duration: 75 minutes

CLE Credit: States typically decide whether a program qualifies for MCLE credit in their jurisdiction 4-8 weeks after the program application is submitted. For many live events, credit approval is not received prior to the program.

ABA live webinars and teleconferences ordinarily receive CLE credit in AL, AK, AR, AZ, CA, CO, DE, FL, GA, GU, HI, IA, ID, IL, KY, LA, ME, MI, MN, MO, MT, NH, NM, NY, NC, ND, OK, OR, RI, SC, TN, TX, UT, VA, VI, VT, WA, WI, WV, and WY.

The ABA does not seek direct accreditation of live webinars and teleconferences in IN, KS, NE, NJ, OH, and PA.

The ABA will seek credit for this program in the states indicated on this page.   The ABA will seek 1.25 hours of general CLE credit in 60-minute-hour states and 1.5 hours of credit in 50-minute-hour states.  Credit hours granted are subject to approval from each state. 

Special rules apply to New York-licensed attorneys as follows:

New York: This non-transitional CLE program is approved for experienced NY attorneys in accordance with the requirements of the New York State CLE Board for 1.25 New York CLE credits. Newly admitted attorneys may not earn New York credit for this non-transitional CLE program.

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