Nat’l Council on Compensation Ins., Inc. v. Am. Int’l Group, Inc., 2007 WL 4365372 (N.D. Ill. Dec. 11, 2007)

Key Insight: Where parties could not agree on terms of protective order to govern exchange of confidential information in discovery and each side had included an “inadvertent production” provision in their respective proposals, court adopted plaintiff’s form of inadvertent production provision, which was consistent with FRCP 26(b)(5)(B); court also adopted two-tiered provision for designating information as “confidential” and “highly confidential–outside counsel’s eyes only”

Nature of Case: RICO and fraud claims

Electronic Data Involved: ESI