The growing volume of electronic data and number of discovery demands that require production of electronic data have led to practices that are designed to ease the burdens associated with reviewing and producing vast quantities of electronic data.[FOOTNOTE 1]
One common practice — that of entering into so-called “non-waiver agreements” designed to permit a producing party to maintain the attorney-client privilege or work product protection over documents inadvertently produced during the discovery process — has now found its way into the proposed amendments to the Federal Rules of Civil Procedure.
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