Inadvertent Production. The inadvertent production of any document or other information 5 during discovery in connection with the Litigation or the Subpoenas shall be without 6 prejudice to any claim that such material is subject to the attorney client privilege, joint 7 defense privilege, common interest privilege, or any other applicable privilege, or is 8 protected from discovery as work product within the meaning of Federal Rule of Civil 9 Procedure 26(b)(3). No party to this Agreement shall be held to have waived any rights by 10 such inadvertent production. Inadvertent production of information considered K2M 11 Confidential Information without the “Confidential” or “Confidential – Attorneys’ Eyes 12 Only” designation shall not constitute a waiver of K2M’s right to designate the information 13 produced as K2M Confidential Information. K2M shall give prompt written notice to 14 Plaintiffs/Counterclaim Defendants and Xxxxx as soon as the omission is discovered.
Inadvertent Production. If documents, information or other material subject to a claim of attorney-client privilege, work product doctrine, or other privilege, doctrine, or immunity, separate and apart from those documents discussed above that were authored by, generated by, or known to the Plaintiff during his time of employment as an attorney for the City, are inadvertently or unintentionally produced, such production shall in no way prejudice or otherwise constitute a waiver of, or estoppel as to, any such privilege, doctrine, or immunity in this or any other proceeding. Any Party that inadvertently or unintentionally produces documents, information or other material it reasonably believes are protected under the attorney-client privilege, work product doctrine, or other privilege, doctrine, or immunity may obtain the return of such documents, information or other material by promptly notifying the Recipient(s) and providing a privilege log for the inadvertently or unintentionally produced documents, information or other material within five (5) business days of the time such inadvertent disclosure has come to its attention. The Recipient(s) shall gather and return all copies of such documents, information or other material to the producing party, or shall destroy such documents and certify as such to the producer. The Recipient’s return and/or destruction of such documents shall not constitute an admission by the Recipient that such documents are privileged. Further, the Recipient reserves the right to contest the assertion of privilege or other protection with respect to any document.
Inadvertent Production. If information subject to a claim of attorney- client privilege, work product or any other privilege or immunity from discovery is inadvertently produced by the Producing Party, such production shall in no way prejudice or otherwise constitute a waiver of, or estoppel as to, any claim of attorney-client privilege, work product or any other privilege or immunity from discovery to which the Producing Party would otherwise be entitled. If a claim of inadvertent production is made, pursuant to this paragraph, with respect to information then in the custody of another party, such party shall promptly return to the Producing Party that material as to which the claim of inadvertent production has been made. The party returning such material may then file a motion with this Court seeking to compel production of the material. On any such motion, each party may present to this Court its respective position concerning the facts and circumstances of the production but may not assert the inadvertent production as a basis for a claim that any privilege has been waived.
Inadvertent Production. In the event that any Party inadvertently produces any material that it determines is privileged or otherwise immune from discovery, in whole or in part, pursuant to the attorney-client privilege, work product doctrine, common interest doctrine, or any other applicable privilege or protection from disclosure (the “Inadvertently Producing Party”), such materials (“Protected Information”) may be retrieved by the Inadvertently Producing Party by giving written notice to the other Parties receiving such Protected Information. Inadvertent production of Protected Information shall not be deemed a waiver of, or estoppel as to, any claim asserted by the Inadvertently Producing Party that the materials in question constitute Protected Information. Upon receipt of written notice that an Inadvertently Producing Party intends to retrieve Protected Information, the other Parties or any other persons who have received a copy of the Protected Information shall promptly return all copies of such Protected Information to the Inadvertently Producing Party or sequester the Protected Information pending a ruling by the Court regarding whether such information is privileged or otherwise immune from discovery. The terms of this paragraph shall not be deemed a waiver of the other Parties’ right to challenge the Inadvertently Producing Party’s designation of materials as Protected Information (provided, however, that any such challenge to the designation may be made only following the sequestration or return of such identified documents to the Inadvertently Producing Party). In the event of any such challenge, the Inadvertently Producing Party shall have the burden of proof with respect to whether the returned documents are privileged or otherwise immune from discovery. The Parties shall not use any inadvertently produced Protected Information, or information gleaned exclusively from any inadvertently produced Protected Information, in connection with the Bankruptcy Case or any other actions. Pursuant to the agreement of the Parties under Fed. R. Evid. 502(e) and by Protective Order of this Court under Fed. R. Evid. 502(d), no disclosure, production, or exchange of Confidential Materials in this case shall constitute a waiver of any applicable attorney-client privilege, any applicable work product protection or any other privilege in these Bankruptcy Case or any other federal or state proceeding under any circumstances.
Inadvertent Production. Inadvertent production of information considered Confidential 26 Information without the “Confidential” or “Confidential – Attorneys’ Eyes Only” designation 27 shall not constitute a waiver of the producing Party’s right to designate the information 28 produced as Confidential Information. The producing Party shall give prompt written notice 1 to the Party receiving the information which was produced without the “Confidential” or 2 “Confidential – Attorneys’ Eyes Only” designation as soon as the omission is discovered. 3 The receiving Party shall then xxxx as “Confidential” or “Confidential – Attorneys’ Eyes 4 Only” all documents or things indicated by the producing Party as having been produced 5 without such designation, and treat those documents in accordance with this Agreement.
