Sample Privilege Clawback Agreement

« While a properly formulated protection order may preclude any waiver resulting from the disclosure of inside information by a producing party, the subsequent failure of that party to object in a timely and specific manner to the use of that information, for example in the making of a statement, may waive any applicable privilege. » Recovery agreements often contain « no-fault » or « regardless of care » provisions. These clauses make it possible to return privileged or protected materials without renouncing privileges for the document and the object of its contents, regardless of the measures taken (or not) by the producing party to prevent disclosure. These provisions may provide benefits, but should not be used as a whole instead of a verification of privileges.