Privilege Waiver Clause with Claw-Back Provision

This Standard Clause can be used to protect litigants from waiving the attorney-client privilege and work product protection for documents and other information that they inadvertently disclose during discovery. It may be incorporated into a larger confidentiality agreement and order. This resource has integrated notes with important explanations and drafting tips.

Practical Law Litigation, based on an original submission by Amy Longo and O'Melveny & Myers LLP


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