N.Y. Comp. Codes R. & Regs. tit. 22, subtit. A, ch. II, pt. 202, 202.70, app E - [Effective until 7/7/2025] COMMERCIAL DIVISION PRIVILEGE CLAWBACK PROVISION (Rule 11-g[c])
In connection with their review of electronically stored information and hard copy documents for production (the "Documents Reviewed") the Parties agree as follows:
a.to
implement and adhere to reasonable procedures to ensure Documents Reviewed that
are protected from disclosure pursuant to CPLR 3101(c), 3101(d)(2) and 4503
("Protected Information") are identified and withheld from
production.
b.if Protected
Information is inadvertently produced, the Producing Party shall take
reasonable steps to correct the error, including a request to the Receiving
Party for its return.
c.upon request
by the Producing Party for the return of Protected Information inadvertently
produced the Receiving Party shall promptly return the Protected Information
and destroy all copies thereof. Furthermore, the Receiving Party shall not
challenge either the adequacy of the Producing Party's document review
procedure or its efforts to rectify the error, and the Receiving Party shall
not assert that its return of the inadvertently produced Protected Information
has caused it to suffer prejudice.
Notes
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In connection with their review of electronically stored information and hard copy documents for production (the "Documents Reviewed") the Parties agree as follows:
a.to implement and adhere to reasonable procedures to ensure Documents Reviewed that are protected from disclosure pursuant to CPLR 3101(c), 3101(d)(2) and 4503 ("Protected Information") are identified and withheld from production.
b.if Protected Information is inadvertently produced, the Producing Party shall take reasonable steps to correct the error, including a request to the Receiving Party for its return.
c.upon request by the Producing Party for the return of Protected Information inadvertently produced the Receiving Party shall promptly return the Protected Information and destroy all copies thereof. Furthermore, the Receiving Party shall not challenge either the adequacy of the Producing Party's document review procedure or its efforts to rectify the error, and the Receiving Party shall not assert that its return of the inadvertently produced Protected Information has caused it to suffer prejudice.