Retract Your Claws! Privilege Waived Despite Clawback Agreement

A general clawback agreement does not necessarily prevent waiver of the attorney-client privilege, according to the United States District Court for the Southern District of Ohio.

The court held that a non-specific agreement did not protect a careless document production from waiver. ABA Section of Litigation leaders urge litigators to craft meticulous clawback agreements and develop documented review procedures to avoid privilege waivers.