US judge says clawback pact atones for all discovery sins, attorney-vendor errors included


By: Robert Hilson
Date: Thursday, February 14, 2013

A clawback agreement between the parties in a case is good reason to order the return of records mistakenly disclosed “no matter what the circumstances giving rise to their production” were. That is what a Manhattan US magistrate judge ruled on January 7 in a case involving AIG that yet again focuses on the adequacy of attorney supervision of e-discovery vendors.

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