Pierce v. Girl Scout of Greater New York, Inc., Case No. 06-cv-05456 (S.D.N.Y. Mar. 9, 2007)
This discovery dispute shows how the court would handle an inadvertent disclosure of privileged information where no claw-back agreement exists between the parties. (FRCP Rule 26(b)(5)(B) addresses the claw-back issue.)
Defendants sought sanctions and a protective order to require Plaintiff to return or destroy a single privileged email that was inadvertently produced in discovery. The email was an inquiry seeking legal advice and the response from Defendants' counsel, which the court concluded was "a privileged communication."